{"id":"a-1999-80","name":"Road Transport (Safety and Traffic Management) Act 1999","slug":"road-transport-safety-and-traffic-management-act-1999","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"80 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24256,"registerId":"act-a-1999-80-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5A","sectionType":"section","heading":"Races, attempts on speed records, speed trials etc 6","content":"5A Races, attempts on speed records, speed trials etc 6\n\nPage\ncontents 2 Road Transport (Safety and Traffic Management)\n5AAA Aggravated offence—races, attempts on speed records, speed trials\netc 8\n5AAB Alternative verdicts—races, attempts on speed records, speed trials\netc—aggravated offence 9\n5B Improper use of motor vehicle 10\n5C Failing to stop motor vehicle for police 11\n6 Negligent driving 12\n7 Furious, reckless or dangerous driving 13\n7A Aggravated offence—furious, reckless or dangerous driving 14\n7B Alternative verdicts—furious, reckless or dangerous driving—\naggravated offence 16\n8 Menacing driving 16\n8A Registered operator and interested people to be notified of prosecution 17\n9 Sale etc of traffic offence evasion articles 19\n10 Surrender and forfeiture of traffic offence evasion articles 20\nDivision 2.3 Seizure, impounding and forfeiture of vehicles for\n10AAA Application—div 2.3 22\n10AA Meaning of first offender and repeat offender—div 2.3 22\n","sortOrder":0},{"sectionNumber":"10A","sectionType":"section","heading":"Impounding of vehicles used for menacing driving on court order","content":"10A Impounding of vehicles used for menacing driving on court order\nbefore conviction etc 23\n","sortOrder":1},{"sectionNumber":"10B","sectionType":"section","heading":"Impounding or forfeiture of vehicles on conviction etc for certain","content":"10B Impounding or forfeiture of vehicles on conviction etc for certain\noffences 25\n10BA Powers of police officers to issue surrender notices for motor vehicles 27\n10C Powers of police officers to seize and impound vehicles used in\ncommitting certain offences 29\n10D Registered operator to be notified of seizure 31\n10E Keeping of certain vehicles seized or surrendered 32\n10F Keeping of vehicles impounded or forfeited under s 10A or s 10B 34\n10G Certain vehicles seized or surrendered—release by chief police officer 34\n10H Certain vehicles seized or surrendered—release by Magistrates Court 35\n10I Safekeeping of vehicles 36\n10J Failure to prosecute 37\n10K Disposal of vehicles 37\n\nPage\ncontents 3\n11 Meaning of loaded unsafely 38\n12 Driver of vehicle loaded unsafely 38\n13 Responsible person for vehicle loaded unsafely 39\n14 Proceeding against pt 3 40\n15 Meaning of traffic accident 41\n16 Driver or rider to stop and give assistance 41\n17 Regulations about duties of participants in, and witnesses to, traffic\naccidents 41\n18 Authority to install etc prescribed traffic control devices 43\n19 Offences about prescribed traffic control devices 43\n20 Removal of unauthorised devices 44\n21 Devices generally presumed to be lawfully installed or displayed 45\n22 Notice of intention to challenge certain issues 45\nDivision 6.1 Definitions—pt 6\n22A Definitions—pt 6 47\n22B Meaning of average speed—pt 6 48\nDivision 6.2 Traffic offence detection devices—general\n23 Meaning of traffic offence detection device 48\n24 Regulation for approval etc of device or system 49\n24A Average speed of vehicle is evidence of actual speed in certain\ncircumstances 50\n24B Other forms of proof of speeding offences not excluded by s 24A 51\n25 Evidentiary certificates etc 52\n26 Interfering with traffic offence detection devices 55\n27 Inspection and purchase of images taken by traffic offence detection\ndevices 55\n\nPage\ncontents 4 Road Transport (Safety and Traffic Management)\n28 Notice of intention to challenge certain issues 56\n29 Use, retention and disclosure of data by road transport authority and\nother people 57\n30 Road or road related area may be closed temporarily to traffic 59\n31 Removal of dangers and obstructions to traffic 59\n32 Removal of unattended vehicles from certain places 60\nPart 8 Regulations about safety and traffic\nmanagement\n33 General regulation-making power 62\n34 Regulations may apply certain documents 63\n35 Regulations may exclude vehicles, people and animals from Act 63\n36 Regulations about safety generally 64\n37 Regulations about safe operation of vehicles 64\n38 Regulations about child safety 64\n39 Regulations about traffic management generally 65\n40 Regulations about seizure, impounding etc of vehicles 66\n41 Regulations about towing fees 67\n42 Regulations about parking 67\n43 Regulations about marking tyres 69\n44 References to Motor Traffic Act, Traffic Act etc 70\n\nPage\ncontents 5\nDictionary 71\n1 About the endnotes 76\n2 Abbreviation key 76\n3 Legislation history 77\n4 Amendment history 84\n5 Earlier republications 97\n\nAn Act to facilitate the adoption of nationally consistent road rules in the ACT,\nto make provision about other matters relating to safety and traffic management\non roads and road related areas, and for other purposes\n\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Road Transport (Safety and Traffic Management)\nAct 1999.\nNote 1 This Act is part of the road transport legislation. See the Road Transport\n(General) Act 1999 for various provisions about the administration and\nenforcement of the road transport legislation generally.\nNote 2 Other road transport legislation includes the following:\n• Motor Accident Injuries Act 2019\n• Road Transport (Alcohol and Drugs) Act 1977\n• Road Transport (Driver Licensing) Act 1999\n• Road Transport (General) Act 1999\n• Road Transport (Public Passenger Services) Act 2001\n• Road Transport (Vehicle Registration) Act 1999.\nNote 3 Other laws dealing with road transport include the Dangerous Goods\n(Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).\nNote 4 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are—\n(a) to provide for road safety and traffic management in the ACT;\nand\n(b) to improve road safety and transport efficiency, and reduce the\ncosts of administering road transport; and\n(c) to provide for safe, efficient and equitable road use; and\n(d) to provide for the installation, use and maintenance of traffic\ncontrol devices and traffic offence detection devices; and\n\nPreliminary Part 1\n(e) to provide for the closing of roads for traffic management and\nother purposes.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary defines certain terms, and includes references (signpost\ndefinitions) to other terms defined elsewhere in this Act or elsewhere in\nthe road transport legislation.\nFor example, the signpost definition ‘driver licence—see the Road\nTransport (Driver Licensing) Act 1999, dictionary.’ means the term\n‘driver licence’ is defined in that dictionary and the definition applies to\nthis Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"5 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n5AA Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 5B (2) and (4) (Improper use of motor vehicle)\n• s 5C (Failing to stop motor vehicle for police)\n• s 10BA (6) (Powers of police officers to issue surrender notices for\nmotor vehicles).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Speeding and other dangerous","content":"Part 2 Speeding and other dangerous\ndriving\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"1 Speeding and other dangerous","content":"Division 2.1 Speeding and other dangerous\ndriving offences\nNote The offence of culpable driving is in the Crimes Act 1900, s 29.\n5AB Meaning of first offender and repeat offender—div 2.1\n(1) A person who is convicted or found guilty of a dangerous driving\noffence is a first offender in relation to the offence if the person is not\na repeat offender in relation to the offence.\nNote Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.\n(2) A person who is convicted or found guilty of a dangerous driving\noffence (the relevant offence) is a repeat offender in relation to the\noffence if—\n(a) the person has been convicted or found guilty of a dangerous\ndriving offence that was committed at any time before the\nrelevant offence was committed (whether or not the person has\nbeen convicted or found guilty of the dangerous driving offence\nwhen the person committed the relevant offence); or\n(b) the person is convicted or found guilty of 1 or more dangerous\ndriving offences concurrently with being convicted of the\nrelevant offence, and 1 or more of the dangerous driving\noffences were committed before the relevant offence.\ndangerous driving offence means—\n(a) an offence of culpable driving; or\n(b) an offence against section 5A (Races, attempts on speed records,\nspeed trials etc); or\n\n(c) an offence against section 5B (Improper use of motor vehicle);\nor\n(d) an offence against section 5C (Failing to stop motor vehicle for\npolice); or\n(e) an offence against section 7 (Furious, reckless or dangerous\ndriving); or\n(f) an offence against section 8 (Menacing driving); or\n(g) an offence against the Road Transport (Alcohol and Drugs)\nAct 1977, section 19 (Prescribed concentration of alcohol in\nblood or breath); or\n(h) an offence against the Road Transport (General) Act 1999,\nsection 60 (1) (which is about requiring people to disclose the\nidentity of a driver), if the requirement is to give information\nabout the driver of a motor vehicle who is alleged to have\ncommitted an offence against section 5C; or\n(i) an offence against the Road Transport (Road Rules)\nRegulation 2017, section 20 (Obeying speed limit), if the person\nexceeded the speed limit applying to the person by more than\n45km/h.\n5A Races, attempts on speed records, speed trials etc\n(1) A person must not, without the road transport authority’s written\napproval, organise, promote or take part in—\n(a) a race between vehicles on a road or road related area; or\n(b) an attempt to break a vehicle speed record on a road or road\nrelated area; or\n(c) a trial of the maximum speed or acceleration of a vehicle on a\nroad or road related area; or\n\n(d) a competitive trial designed to test the skill of a driver, or the\nreliability or mechanical condition of a vehicle, on a road or road\n(a) for an offence by a repeat offender or an aggravated offence—\n100 penalty units, imprisonment for 12 months or both; or\n(b) in any other case—50 penalty units.\n(2) The road transport authority may—\n(a) give or refuse to give an approval under subsection (1); and\n(b) impose any condition (whether of general or limited application)\non an approval that the authority considers necessary in the\ninterests of public safety and convenience.\n(3) Before giving an approval under subsection (1), the road transport\nauthority must—\n(a) consult the chief police officer; and\n(b) take reasonable steps to seek, and take into account, the views\nof anyone who would be, in the authority’s opinion, likely to be\naffected if the approval were granted or refused.\n(4) Failure to comply with subsection (3) (b) in relation to an approval\ndoes not affect the validity of the approval.\n(5) A person taking part in (or the organiser or promoter) of a race,\nattempt or trial mentioned in subsection (1) must comply with any\ncondition of an approval given under the subsection for the race,\nattempt or trial.\n\n5AAA Aggravated offence—races, attempts on speed records,\nspeed trials etc\n(1) An offence committed by a person against section 5A (the current\noffence) is an aggravated offence if any of the following\ncircumstances existed at the time of the current offence:\n(a) the person failed to comply, as soon as practicable, with a\nrequest or signal given by a police officer to stop the motor\n(b) the person was driving—\n(i) with the prescribed concentration of alcohol in their blood\nor breath; or\n(ii) with a prescribed drug in their oral fluid or blood; or\n(iii) while under the influence of intoxicating liquor or of a drug\nto such an extent as to be incapable of having proper\ncontrol of the vehicle; or\n(iv) at a speed that exceeded the speed limit applying to the\nperson by more than 30%; or\n(v) in a way that put at risk the safety of a vulnerable road user;\nor\n(vi) with a person younger than 17 years old in the vehicle.\n(2) For subsection (1) (b) (i), evidence may be given of the concentration\nof alcohol in the person’s blood or breath based on—\n(a) for proof of the concentration of alcohol in the person’s blood\nor breath—an analysis of a sample of the person’s breath carried\nout in accordance with the Road Transport (Alcohol and Drugs)\nAct 1977; or\n\n(b) for proof of the concentration of alcohol in the person’s blood—\nan analysis of the sample of the person’s blood carried out at an\napproved laboratory and certified accurate by an analyst in\naccordance with the Road Transport (Alcohol and Drugs)\nAct 1977.\n(3) For subsection (1) (b) (ii), evidence may be given that a person has a\nprescribed drug in the person’s oral fluid or blood based on—\n(a) for proof of presence of a prescribed drug in the person’s oral\nfluid—an analysis of a part of a sample of the person’s oral fluid\nsection 13G (Oral fluid—confirmatory analysis) that indicates\nthat a prescribed drug is present in the sample; or\n(b) for proof of the presence of a prescribed drug in the person’s\nblood—an analysis of a part of a sample of the person’s blood\nsection 15A (Analysis of blood samples) that indicates that a\nprescribed drug is present in the sample.\n5AAB Alternative verdicts—races, attempts on speed records,\nspeed trials etc—aggravated offence\n(1) This section applies if, in a prosecution for an aggravated offence\nagainst section 5A, the trier of fact—\n(a) is satisfied beyond reasonable doubt that the defendant\ncommitted an offence against section 5A; but\n(b) is not satisfied that the defendant committed the aggravated\n(2) The trier of fact may find the defendant guilty of an offence against\nsection 5A but not guilty of the aggravated offence charged, but only\nif the defendant has been given procedural fairness in relation to that\nfinding of guilt.\n\n","sortOrder":8},{"sectionNumber":"5B","sectionType":"section","heading":"Improper use of motor vehicle","content":"5B Improper use of motor vehicle\n(1) In this section:\nimproper use, of a motor vehicle, means operate the vehicle in a way\nthat causes the vehicle to undergo sustained loss of traction by 1 or\nmore of the vehicle’s wheels.\nExamples—improper use\n• burnouts\n• handbrake turns\n• wheelies\n• drifting\n• j-turns\nother prohibited conduct means conduct that—\n(a) is associated with the operation of a motor vehicle for speed\ncompetitions or other activities prescribed by regulation; and\n(b) is prescribed by regulation for subsection (4).\nprohibited substance, in relation to the improper use of a motor\nvehicle, means—\n(a) petrol, oil, diesel fuel or any other flammable liquid; or\n(b) any other substance that increases the risk of death, injury or\ndamage to property (including damage to the surface of any road\nor to any prescribed traffic control device) from the improper\nuse.\n(2) A person commits an offence if—\n(a) the person uses a motor vehicle on a road or road related area;\nand\n\n(b) the use is an improper use.\n(a) if a prohibited substance had been placed on the surface of the\nroad or road related area under, or near, a tyre of the vehicle—\n30 penalty units; or\n(b) in any other case—20 penalty units.\n(3) In a prosecution for an offence against subsection (2), it is a defence\nif the driver establishes that the motor vehicle, although operated in\ncontravention of the subsection, was not deliberately operated in that\nway.\n(4) A person commits an offence if—\n(a) the person engages in conduct on a road or road related area; and\n(b) the conduct is other prohibited conduct.\n(5) This section does not apply to the operation of a motor vehicle for a\nrace, attempt or trial carried out in accordance with an approval given\nunder section 5A by the road transport authority.\n","sortOrder":9},{"sectionNumber":"5C","sectionType":"section","heading":"Failing to stop motor vehicle for police","content":"5C Failing to stop motor vehicle for police\nA person commits an offence if—\n(a) the person is driving a motor vehicle; and\n(b) a police officer asks or signals the person to stop the motor\nvehicle; and\n\n(c) the person fails to comply with the police officer’s request or\nsignal as soon as practicable.\n(a) for an offence by a first offender—100 penalty units,\nimprisonment for 12 months or both; or\n(b) for an offence by a repeat offender—300 penalty units,\nimprisonment for 3 years or both.\n","sortOrder":10},{"sectionNumber":"6","sectionType":"section","heading":"Negligent driving","content":"6 Negligent driving\n(1) A person must not drive a motor vehicle negligently on a road or road\n(a) if the driving occasions death—200 penalty units, imprisonment\nfor 2 years or both; or\n(b) if the driving occasions grievous bodily harm—100 penalty\nunits, imprisonment for 1 year or both; or\n(c) if the driving occasions actual bodily harm—50 penalty units;\nor\n(d) if paragraphs (a), (b) and (c) do not apply—20 penalty units.\nExamples—actual bodily harm\n1 deep bruising received as a result of being involved in an incident between 2\nmotor vehicles\n2 cuts and abrasions resulting in the breaking of the skin received as a result of\nbeing knocked from a bicycle onto a road\n3 a pedestrian received a sprained ankle from being hit by a car on a pedestrian\ncrossing\n\n(2) In deciding whether an offence has been committed against\nsubsection (1), the court must have regard to all the circumstances of\nthe case, including—\n(a) the nature, condition and use of the road or road related area\nwhere the offence is alleged to have been committed; and\n(b) the amount of traffic on, or that might reasonably be expected to\nhave been on, the road or road related area.\ngrievous bodily harm includes permanent or serious disfigurement.\nNote If an offence against this section occasions death or grievous bodily harm,\nautomatic licence disqualification applies (see Road Transport (General)\nAct 1999, s 63).\n","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Furious, reckless or dangerous driving","content":"7 Furious, reckless or dangerous driving\n(1) A person must not drive a motor vehicle furiously, recklessly, or at a\nspeed or in a way that is dangerous to the public, on a road or road\n(a) for an aggravated offence by a first offender in which a\ncircumstance mentioned in section 7A (1) (a) (i) exists—\n300 penalty units, imprisonment for 3 years or both; or\n(b) for an aggravated offence by a repeat offender in which a\ncircumstance mentioned in section 7A (1) (a) (i) exists—\n500 penalty units, imprisonment for 5 years or both; or\n(c) for any other aggravated offence—200 penalty units,\nimprisonment for 2 years or both; or\n(d) in any other case—100 penalty units, imprisonment for\n12 months or both.\n\n(2) In deciding whether an offence has been committed against\nsubsection (1), the court must have regard to all the circumstances of\nthe case, including—\n(a) the nature, condition and use of the road or road related area\nwhere the offence is alleged to have been committed; and\n(b) the amount of traffic on, or that might reasonably be expected to\nhave been on, the road or road related area.\n","sortOrder":12},{"sectionNumber":"7A","sectionType":"section","heading":"Aggravated offence—furious, reckless or dangerous","content":"7A Aggravated offence—furious, reckless or dangerous\ndriving\n(1) An offence committed by a person against section 7 (the current\noffence) is an aggravated offence if—\n(a) any of the following circumstances existed at the time of the\ncurrent offence:\n(i) the person failed to comply, as soon as practicable, with a\nrequest or signal given by a police officer to stop the motor\n(ii) the person was driving with the prescribed concentration\nof alcohol in their blood or breath;\n(iii) the person was driving with a prescribed drug in their oral\nfluid or blood;\n(iv) the person was driving while under the influence of\nintoxicating liquor or of a drug to such an extent as to be\nincapable of having proper control of the vehicle;\n(v) the person was driving at a speed that exceeded the speed\nlimit by more than 30%;\n(vi) the person was driving in a way that put at risk the safety\nof a vulnerable road user;\n\n(vii) the person was driving with a person younger than 17 years\nold in the vehicle; or\n(b) the person is a repeat offender.\n(2) For subsection (1) (a) (ii), evidence may be given of the concentration\nof alcohol in the person’s blood or breath based on—\n(a) for proof of the concentration of alcohol in the person’s blood\nor breath—an analysis of a sample of the person’s breath carried\nout in accordance with the Road Transport (Alcohol and Drugs)\nAct 1977; or\n(b) for proof of the concentration of alcohol in the person’s blood—\nan analysis of the sample of the person’s blood carried out at an\napproved laboratory and certified accurate by an analyst in\naccordance with the Road Transport (Alcohol and Drugs) Act\n1977.\n(3) For subsection (1) (a) (iii), evidence may be given that a person has a\nprescribed drug in the person’s oral fluid or blood based on—\n(a) for proof of presence of a prescribed drug in the person’s oral\nfluid—an analysis of a part of a sample of the person’s oral fluid\nsection 13G (Oral fluid—confirmatory analysis) that indicates\nthat a prescribed drug is present in the sample; or\n(b) for proof of the presence of a prescribed drug in the person’s\nblood—an analysis of a part of a sample of the person’s blood\nsection 15A (Analysis of blood samples) that indicates that a\nprescribed drug is present in the sample.\n\n(4) In this section:\nrepeat offender—a person is a repeat offender if—\n(a) the person has been convicted or found guilty of an offence\nagainst section 7 or the Crimes Act 1900, section 29 (Culpable\ndriving of motor vehicle) that was committed at any time before\nthe current offence was committed (whether or not the person\nhas been convicted or found guilty of the offence when the\nperson committed the current offence); or\n(b) the person is convicted or found guilty of 1 or more offences\nagainst section 7 or the Crimes Act 1900, section 29\nconcurrently with being convicted of the current offence, and\n1 or more of the offences were committed before the current\n","sortOrder":13},{"sectionNumber":"7B","sectionType":"section","heading":"Alternative verdicts—furious, reckless or dangerous","content":"7B Alternative verdicts—furious, reckless or dangerous\ndriving—aggravated offence\n(1) This section applies if, in a prosecution for an aggravated offence\nagainst section 7, the trier of fact is satisfied beyond reasonable doubt\nthat the defendant committed an offence against section 7 but is not\nsatisfied that the defendant committed the aggravated offence.\n(2) The trier of fact may find the defendant guilty of an offence against\nsection 7 but not guilty of the aggravated offence charged, but only if\nthe defendant has been given procedural fairness in relation to that\nfinding of guilt.\n","sortOrder":14},{"sectionNumber":"8","sectionType":"section","heading":"Menacing driving","content":"8 Menacing driving\n(1) A person must not drive a motor vehicle on a road or road related area\nin a way that menaces someone else with the intention of menacing\nthe other person.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n\n(2) A person must not drive a motor vehicle on a road or road related area\nin a way that menaces someone else if the person ought to have\nknown that the other person might be menaced.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(3) This section applies—\n(a) whether the other person is menaced by a threat of personal\ninjury or by a threat of damage to property; and\n(b) whether or not the other person or that property is on a road or\nroad related area.\n(4) A person does not commit an offence against this section if the person\ncould not, in the circumstances, reasonably avoid menacing the other\nperson.\n(5) A person cannot be found guilty of an offence—\n(a) both against subsection (1) and against subsection (2) arising\nout of a single incident; or\n(b) both against this section and against section 6 (1) or\nsection 7 (1) arising out of a single incident.\n","sortOrder":15},{"sectionNumber":"8A","sectionType":"section","heading":"Registered operator and interested people to be notified","content":"8A Registered operator and interested people to be notified\nof prosecution\n(1) This section applies if a prosecution is started against a person for an\noffence involving a motor vehicle against—\nor\n\n(d) section 8 (Menacing driving).\n(2) The chief police officer must give notice of the prosecution to—\n(a) if the prosecution is against a person other than the registered\noperator of the vehicle—the registered operator; or\n(b) if the vehicle may be subject to forfeiture if the person is\nconvicted or found guilty of the offence—the holder of any\nregistered interest in the vehicle.\n(3) The notice must be given within 7 days after the day the prosecution\nstarts.\n(4) The notice must—\n(a) state—\n(i) either—\n(A) the short description prescribed by regulation under\nthe Road Transport (General) Act 1999 for the\noffence for which the prosecution has been started; or\n(B) the provision of this Act contravened by the person;\nand\n(ii) the place where the offence was committed and the date\nand approximate time of the offence; and\n(iii) the identifying particulars prescribed by regulation under\nthe Road Transport (General) Act 1999 for the vehicle; and\nNote The short descriptions and identifying particulars are prescribed in\nthe Road Transport (Offences) Regulation 2005.\n(b) if the vehicle is not a light rail vehicle—tell the person that the\nvehicle may be subject to impounding or, if appropriate,\nforfeiture under section 10B.\n\nTraffic offence evasion articles Division 2.2\n(5) In this section:\nregistered interest, in relation to a motor vehicle, means an interest\nin the vehicle that is registered under the Personal Property Securities\nAct 2009 (Cwlth).\n","sortOrder":16},{"sectionNumber":"9","sectionType":"section","heading":"Sale etc of traffic offence evasion articles","content":"9 Sale etc of traffic offence evasion articles\n(1) A person must not sell, offer for sale, or buy a traffic offence evasion\narticle.\n(2) A person must not drive or park a vehicle on a road or road related\narea if a traffic offence evasion article is fitted to, applied to, or\ncarried in the vehicle.\n(3) The responsible person for a vehicle driven or parked on a road or\nroad related area in contravention of subsection (2) commits an\n(4) It is a defence to a prosecution for an offence against this section if\nthe defendant satisfies the court that the traffic offence evasion article\nwas not designed as a traffic offence evasion article but was designed\nfor a lawful purpose.\n(5) It is a defence to a prosecution for an offence against subsection (2)\nor (3) if the defendant satisfies the court that, at the time of the\noffence—\n(a) the vehicle was being taken to a place required by a police\nofficer, the road transport authority or a court to surrender the\ntraffic offence evasion article; or\n\n(b) a notice issued under a regulation required the responsible\nperson for the vehicle to remove the traffic offence evasion\narticle from the vehicle within a stated time and that time had\nnot ended; or\n(c) the defendant did not know, and in the circumstances could not\nreasonably be expected to have known, the traffic offence\nevasion article was fitted to, applied to, or carried in the vehicle.\n","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Surrender and forfeiture of traffic offence evasion articles","content":"10 Surrender and forfeiture of traffic offence evasion articles\n(1) This section applies if a police officer or authorised person suspects\non reasonable grounds that a person—\n(a) is selling, is offering for sale, has sold or has bought a traffic\noffence evasion article in contravention of section 9 (1); or\n(b) is driving or has parked a vehicle on a road or road related area\nwith a traffic offence evasion article fitted to, applied to, or\ncarried in the vehicle in contravention of section 9 (2).\n(2) If subsection (1) (b) applies in relation to a police officer, the officer\nmay—\n(a) stop and detain the vehicle; and\n(b) search the vehicle for the traffic offence evasion article; and\n(c) seize the article if the officer finds it in or on the vehicle.\n(3) In exercising a power under subsection (2) in relation to a vehicle, a\npolice officer—\n(a) may use the assistance that is necessary; and\n(b) must search the vehicle in a public place or somewhere else to\nwhich members of the public have ready access; and\n(c) must not detain the vehicle for longer than is necessary and\nreasonable to search it; and\n\nTraffic offence evasion articles Division 2.2\n(d) may use the force that is necessary and reasonable in the\ncircumstances, but must not damage the vehicle by forcing open\na part of the vehicle unless—\n(i) someone apparently in charge of the vehicle has been given\na reasonable opportunity to open that part; or\n(ii) it is not possible to give anyone apparently in charge of the\nvehicle a reasonable opportunity to open that part.\n(4) If subsection (1) applies in relation to a police officer or authorised\nperson, the police officer or authorised person may—\n(a) require the person mentioned in subsection (1) to surrender the\ntraffic offence evasion article to the police officer or authorised\nperson; or\n(b) if the article is fitted to a vehicle and is not immediately\nremovable—by written notice served on the responsible person\nfor the vehicle, require the responsible person for the vehicle to\nsurrender the article to the chief police officer within a stated\ntime and in a stated way.\n(5) Subsection (4) does not limit the powers of a police officer under\nsubsection (3).\n(6) A person must not, without reasonable excuse, contravene a\nrequirement under subsection (4), whether or not the person is the\nowner of the traffic offence evasion article.\n(7) If—\n(a) a court finds an offence against section 9 or subsection (6)\nproven against someone; and\n\n(b) the traffic offence evasion article has not already been\nsurrendered under this section;\nthe court may order the person to surrender the article to the chief\npolice officer within a stated time and in a stated way.\n(8) A traffic offence evasion article surrendered under this section is\nforfeited to the Territory and may be destroyed or otherwise disposed\nof as directed by the chief police officer or road transport authority.\n(9) If a person who is not the absolute owner of a traffic offence evasion\narticle surrenders the article under this section, no liability attaches to\nthe person because of the surrender.\nDivision 2.3 Seizure, impounding and forfeiture of\nvehicles for certain offences\n10AAA Application—div 2.3\nThis division does not apply to a motor vehicle that is a light rail\nvehicle.\n10AA Meaning of first offender and repeat offender—div 2.3\n(1) A person who is convicted or found guilty of an impounding offence\nis a first offender in relation to the offence if the person is not a repeat\noffender in relation to the offence.\n(2) A person who is convicted or found guilty of an impounding offence\n(the relevant offence) is a repeat offender in relation to the offence\nif—\n(a) the person has been convicted or found guilty of an impounding\noffence committed at any time before the relevant offence was\ncommitted (whether or not the person has been convicted or\nfound guilty of the impounding offence when the person\ncommitted the relevant offence); or\n\n(b) the person is convicted or found guilty of 1 or more impounding\noffences concurrently with being convicted of the relevant\noffence, and 1 or more of the impounding offences were\ncommitted before the relevant offence.\nNote Found guilty, of an offence, includes having the offence taken into\naccount under the Crimes (Sentencing) Act 2005, s 57 (Outstanding\nadditional offences taken into account in sentencing) (see Legislation\nAct, dict, pt 1).\nimpounding offence means an offence against—\nor\n(d) section 7 (Furious, reckless or dangerous driving); or\n(e) section 8 (Menacing driving); or\n(f) the Road Transport (Road Rules) Regulation 2017, section 20\n(Obeying speed limit), if the person exceeded the speed limit\n10A Impounding of vehicles used for menacing driving on\ncourt order before conviction etc\n(1) If a police officer believes on reasonable grounds that a person has\ncommitted an offence against section 8 (Menacing driving), the\npolice officer may apply to the Magistrates Court for an order that the\nmotor vehicle used by the person to commit the offence be\nimpounded.\n\n(2) The application may be made whether or not the person has been\ncharged with the offence.\nNote Subsection (10) provides that this section does not apply if a court\nconvicts or finds a person guilty of an offence against s 8. In that case,\nthe court would deal with the person under s 10B.\n(3) If the court is satisfied on the balance of probabilities that the person\ncommitted the offence, the court must order the motor vehicle is to\nbe impounded for 3 months, unless the court otherwise orders under\nsubsection (4).\n(4) The court may, by order, specify a shorter period of impounding or\ndispense with the period of impounding to avoid excessive hardship\nor other injustice to anyone.\n(5) In deciding whether to make an order under subsection (4), the\ncourt—\n(a) must have regard to the circumstances of the offence, including\nthe risk to the safety of road users; and\n(b) may seek evidence from a police officer about the circumstances\nof the offence.\n(6) Subsection (5) does not limit, by implication, the matters to which the\ncourt may have regard or prevent the person from presenting evidence\nabout the circumstances of the offence.\n(7) Any period for which the motor vehicle was impounded under section\n10BA (Powers of police officers to issue surrender notices for motor\nvehicles) or section 10C (Powers of police officers to seize and\nimpound vehicles used in committing certain offences) counts\ntowards a period of impounding of the motor vehicle under this\nsection.\n\n(8) If the court makes an order under this section and the motor vehicle\nhas not already been impounded under section 10BA or section 10C,\nthe court may order the responsible person for the vehicle to surrender\nthe motor vehicle to the chief police officer within a stated time and\nin a stated way.\n(9) The court may also make an order authorising any police officer to\nseize the vehicle from any place if the order under subsection (8) is\nnot complied with.\n(10) This section does not apply if a court convicts the person, or finds the\nperson guilty, of an offence against section 8 (Menacing driving).\n10B Impounding or forfeiture of vehicles on conviction etc for\n(1) This section applies if a court convicts a person, or finds a person\nguilty, of an impounding offence.\n(2) The motor vehicle used by the person in committing the offence is—\n(a) for a first offender—to be impounded for 3 months, unless the\ncourt otherwise orders under subsection (3); or\n(b) for a repeat offender—forfeited to the Territory, unless the court\notherwise orders under subsection (3).\n(3) The court may, by order, specify a shorter period of impounding,\ndispense with the period of impounding or commute a forfeiture to a\nperiod of impounding to avoid excessive hardship or other injustice\nto anyone.\n(4) In deciding whether to make an order under subsection (3), the\ncourt—\n(a) must have regard to the circumstances of the offence, including\nthe risk to the safety of road users; and\n(b) may seek evidence from the prosecution about the\ncircumstances of the offence.\n\n(5) Subsection (4) does not limit, by implication, the matters to which the\ncourt may have regard or prevent the defendant from presenting\nevidence about the circumstances of the offence.\n(6) Any period for which the motor vehicle was impounded under\nsection 10A (Impounding of vehicles used for menacing driving on\ncourt order before conviction etc), section 10BA (Powers of police\nofficers to issue surrender notices for motor vehicles) or section 10C\n(Powers of police officers to seize and impound vehicles used in\ncommitting certain offences) counts towards a period of impounding\nof the motor vehicle under this section.\n(7) A court may order the responsible person for a motor vehicle to\nsurrender the vehicle to the chief police officer within a stated time\nand in a stated way if—\n(a) the court convicts a person, or finds a person guilty, of an\nimpounding offence; and\n(b) the vehicle—\n(i) was used in committing the offence; and\n(ii) is subject to impounding or forfeiture under this section;\nand\n(iii) has not already been impounded under section 10A,\nsection 10BA or section 10C.\n(8) The court may also make an order authorising any police officer to\nseize the vehicle from any place if the order under subsection (7) is\nnot complied with.\n(9) The impounding or forfeiture of a motor vehicle under this section is\nin addition to any other penalty imposed for the offence.\n(10) For any rights of appeal against penalty, the impounding or forfeiture\nof a motor vehicle under this section is, or is part of, the penalty\nimposed for the offence.\n\n(11) In this section:\nimpounding offence—see section 10AA (3).\n10BA Powers of police officers to issue surrender notices for\nmotor vehicles\n(1) This section applies to a motor vehicle if a police officer believes on\nreasonable grounds that the vehicle is being or has been used by a\nperson in committing an offence against—\nor\n(d) section 7 (Furious, reckless or dangerous driving) that is an\naggravated offence.\n(2) This section also applies to a motor vehicle if a police officer believes\non reasonable grounds that—\n(a) the vehicle is being, or has been used, by a person in committing\nan offence against the Road Transport (Road Rules)\nRegulation 2017, section 20 (Obeying speed limit); and\n(b) the person, in committing the offence, exceeded the speed limit\n(3) A police officer may, by notice (a surrender notice), require the\nresponsible person for the vehicle to surrender the vehicle for\nimpounding at the place and by the date stated in the notice.\nNote A police officer may seize a motor vehicle under s 10C without giving\nthe responsible person for the vehicle a surrender notice.\n(4) However, the police officer may only give a person a surrender notice\nwithin 10 days after the day of the commission of the offence\nmentioned in subsection (1).\n\n(5) The notice must state—\n(a) the details of the alleged offence; and\n(b) the service number of the police officer giving the notice; and\n(c) a reasonable date and time by which the motor vehicle must be\nsurrendered; and\n(d) that it is an offence to fail to comply with a surrender notice; and\n(e) that a police officer may seize the vehicle under section 10C if\nthe person fails to comply with the notice; and\n(f) anything else prescribed by regulation.\n(6) The responsible person for a motor vehicle commits an offence if the\nperson—\n(a) is given a surrender notice for the vehicle; and\n(b) fails to comply with the notice.\n(7) An offence against subsection (6) is a strict liability offence.\n(8) Subsection (6) does not apply if the person has a reasonable excuse\nfor failing to comply with the notice.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (8) (see Criminal Code, s 58).\n(9) If a person fails to comply with a surrender notice, a police officer\nmay seize the vehicle under section 10C.\n\n","sortOrder":18},{"sectionNumber":"10C","sectionType":"section","heading":"Powers of police officers to seize and impound vehicles","content":"10C Powers of police officers to seize and impound vehicles\nused in committing certain offences\n(1) A police officer may seize a motor vehicle if—\n(a) the police officer believes, on reasonable grounds, that the\nvehicle is being or has been used by a person in committing an\noffence against—\n(i) section 5A (Races, attempts on speed records, speed trials\netc); or\n(ii) section 5B (Improper use of motor vehicle); or\n(iii) section 5C (Failing to stop motor vehicle for police); or\n(iv) section 7 (Furious, reckless or dangerous driving) that is an\naggravated offence; or\n(b) the police officer believes on reasonable grounds that—\n(i) the vehicle is being, or has been, used by a person in\ncommitting an offence against the Road Transport (Road\nRules) Regulation 2017, section 20 (Obeying speed limit);\nand\n(ii) the person, in committing the offence, exceeded the speed\nlimit applying to the person by more than 45km/h; or\n(c) the vehicle is subject to impounding under section 10A\n(Impounding of vehicles used for menacing driving on court\norder before conviction etc); or\n(d) the vehicle is subject to impounding or forfeiture under\nsection 10B (Impounding or forfeiture of vehicles on conviction\netc for certain offences).\n(2) However, the police officer may only seize the motor vehicle under\nsubsection (1) (a) within 30 days after the later of—\n(a) the commission of the offence; and\n\n(b) if a surrender notice has been given to the responsible person for\nthe vehicle under section 10BA and the person fails to comply\nwith the notice—the date and time by which the motor vehicle\nwas to be surrendered under the notice.\n(3) The police officer may seize the motor vehicle from—\n(a) a road or road related area or any other public place; or\n(b) any other place—\n(i) with the consent of the owner or occupier of the place; or\n(ii) under the authority of an order under section 10A (9) or\nsection 10B (8) for the seizure of the vehicle.\n(4) If subsection (1) (a) (iii) applies, the police officer may seize the\nmotor vehicle from a place other than a road or road related area or\nother public place without the consent of the owner or occupier of the\nplace if the police officer believes on reasonable grounds that the\nmotor vehicle is at the place, but in seizing the vehicle may not—\n(a) enter any building on the place, other than a garage, shed or\nother structure where the police officer believes on reasonable\ngrounds that the motor vehicle is located; or\n(b) remain at the place for longer than is necessary to seize the\nvehicle or determine that the vehicle is not at the property.\n(5) For subsection (4) the police officer may use the force that is\nnecessary and reasonable in the circumstances to—\n(a) enter a place or structure where the police officer believes on\nreasonable grounds the motor vehicle is located; and\n(b) seize the vehicle.\n(6) After seizing the motor vehicle, the police officer must move the\nvehicle to a place decided by the chief police officer.\n\n(7) The motor vehicle may, subject to the regulations, be impounded at\nthe place where it is moved under subsection (6), or may be moved to\nand impounded at any other place decided by the chief police officer.\n(8) To seize or move the motor vehicle, the police officer, or someone\nacting under the police officer’s direction, may remove, dismantle or\nneutralise any locking device or other feature of the vehicle and may,\nif the driver or anyone else will not surrender the keys to the vehicle\nor the keys are not available to the police officer for any other reason,\nstart the vehicle in another way.\n(9) The motor vehicle may be moved—\n(a) by being driven (whether or not under power) or by being towed\nor pushed, or in any other way whatever; and\n(b) by the police officer or someone acting under the police officer’s\ndirection.\n(10) In this section:\ngarage includes a garage attached to a residential building.\npublic place includes any place that members of the public are\nentitled to use.\n","sortOrder":19},{"sectionNumber":"10D","sectionType":"section","heading":"Registered operator to be notified of seizure","content":"10D Registered operator to be notified of seizure\n(1) If a motor vehicle is seized under section 10C (1) (a) (Powers of\npolice officers to seize and impound vehicles used in committing\ncertain offences), the chief police officer must give notice of the\nseizure to the registered operator of the vehicle.\n(2) The notice must be given within 7 days after the day the vehicle is\nseized.\n\n(a) state—\n(i) either—\n(A) the short description prescribed by regulation under\nthe Road Transport (General) Act 1999 for the\noffence for which the motor vehicle has been seized;\nor\n(B) the provision of this Act contravened by the person;\nand\n(ii) the place where the offence was committed and the date\nand approximate time of the offence; and\n(iii) the identifying particulars prescribed by regulation under\nthe Road Transport (General) Act 1999 for the vehicle; and\nNote The short descriptions and identifying particulars are prescribed in\nthe Road Transport (Offences) Regulation 2005.\n(b) tell the registered operator that an application may be made to\nthe chief police officer or the Magistrates Court for the release\nof the vehicle.\n","sortOrder":20},{"sectionNumber":"10E","sectionType":"section","heading":"Keeping of certain vehicles seized or surrendered","content":"10E Keeping of certain vehicles seized or surrendered\n(1) This section applies if a motor vehicle is seized under\nsection 10C (1) (a) (Powers of police officers to seize and impound\nvehicles used in committing certain offences) by a police officer\nbecause the police officer believes the vehicle has been used by a\nperson in committing an offence.\n(2) This section also applies if a motor vehicle is surrendered under\nsection 10BA (Powers of police officers to issue surrender notices for\nmotor vehicles) in the circumstances mentioned in section 10BA (1).\n\n(3) The chief police officer must keep the motor vehicle under this\nsection until the earlier of the following happens:\n(a) the person is dealt with by a court for the offence;\n(b) an infringement notice is served on the person for the offence;\n(c) if a prosecution for the offence is not started within 28 days after\nthe seizure—the end of the 28-day period;\n(d) if the person has not been convicted, or found guilty, of a\nrelevant offence within the 5-year period before the day the\nvehicle is seized—the end of the 3-month period after the day\nthe vehicle is seized.\n(4) However, subsection (3) does not apply if the vehicle is sooner\nreleased under—\n(a) section 10G (Certain vehicles seized or surrendered—release by\nchief police officer); or\n(b) section 10H (Certain vehicles seized or surrendered—release by\nMagistrates Court).\n(5) If the person is convicted, or found guilty of, the offence, the chief\npolice officer must keep the vehicle as required under section 10F.\n(6) In this section:\nrelevant offence means an offence against—\nor\n(d) section 7 (Furious, reckless or dangerous driving) that is an\naggravated offence; or\n(e) section 8 (Menacing driving); or\n\n(f) the Road Transport (Road Rules) Regulation 2017, section 20\n(Obeying speed limit), if the person exceeded the speed limit\n","sortOrder":21},{"sectionNumber":"10F","sectionType":"section","heading":"Keeping of vehicles impounded or forfeited under s 10A","content":"10F Keeping of vehicles impounded or forfeited under s 10A\nor s 10B\n(1) A motor vehicle impounded under section 10A (Impounding of\nvehicles used for menacing driving on court order before conviction\netc) or section 10B (Impounding or forfeiture of vehicles on\nconviction etc for certain offences) must be kept by the chief police\nofficer for the period for which the vehicle is subject to impounding.\n(2) A motor vehicle subject to forfeiture under section 10B must be kept\nby the chief police officer until the road transport authority directs\nthat the vehicle be disposed of.\n(3) A direction under subsection (2) may be given in relation to a motor\nvehicle not earlier than 28 days after the vehicle becomes subject to\nforfeiture.\n","sortOrder":22},{"sectionNumber":"10G","sectionType":"section","heading":"Certain vehicles seized or surrendered—release by chief","content":"10G Certain vehicles seized or surrendered—release by chief\npolice officer\n(1) A person may apply to the chief police officer for the release to the\nperson of a motor vehicle that has been—\n(a) seized under section 10C (1) (a); or\n(b) surrendered in the circumstances mentioned in\nsection 10BA (1).\n(2) The chief police officer must release the vehicle to the person if—\n(a) the chief police officer is satisfied that the person is entitled to\npossession of the vehicle; and\n(b) the period for which the chief police officer is required under\nsection 10E to keep the vehicle has ended; and\n\n(c) any fee or other amount payable under the Road Transport\n(General) Act 1999 in relation to the impounding and seizure of\nthe vehicle has been paid.\n(3) The chief police officer may release the vehicle to the person if—\n(a) the chief police officer is satisfied that the person is entitled to\npossession of the vehicle; and\n(b) the chief police officer is satisfied that—\n(i) the offence for which the vehicle was impounded was not\ncommitted by, or with the consent of, the person; and\n(ii) the person did not know, and could not reasonably be\nexpected to have known, that the vehicle would be used for\nthe commission of the offence; and\n(c) any fee or other amount payable under the Road Transport\n(General) Act 1999 in relation to the seizure and impounding of\nthe vehicle has been paid.\n(4) The chief police officer must ensure that an impounded vehicle is\navailable for collection by a person as soon as practicable after the\nperson becomes entitled to possession of it.\n(5) If a motor vehicle is released to a person under this section, the person\nmust acknowledge in writing receiving the vehicle.\n","sortOrder":23},{"sectionNumber":"10H","sectionType":"section","heading":"Certain vehicles seized or surrendered—release by","content":"10H Certain vehicles seized or surrendered—release by\nMagistrates Court\n(1) A person may apply to the Magistrates Court for an order for the\nrelease to the person of a motor vehicle that has been—\n(a) seized under section 10C (1) (a); or\n(b) surrendered in the circumstances mentioned in\nsection 10BA (1).\n\n(2) This section applies whether or not an application has been made to\nthe chief police officer under section 10G for the release of the\nvehicle.\n(3) The court may order the release of the motor vehicle to the person if\nsatisfied that—\n(a) the person is entitled to the possession of the vehicle; and\n(b) either—\n(i) the offence for which the vehicle was impounded was not\ncommitted by, or with the consent of, the person and the\nperson did not know, and could not reasonably be expected\nto have known, that the vehicle would be used for the\ncommission of an offence; or\n(ii) keeping the vehicle would cause excessive hardship or\nother injustice to anyone.\n(4) The court may also remit all or part of any fee or other amount\npayable under the Road Transport (General) Act 1999 in relation to\nthe seizure and impounding of the vehicle.\n(5) If a motor vehicle is released to a person under this section, the person\nmust acknowledge in writing receiving the vehicle.\n","sortOrder":24},{"sectionNumber":"10I","sectionType":"section","heading":"Safekeeping of vehicles","content":"10I Safekeeping of vehicles\nThe chief police officer must take reasonable steps to secure an\nimpounded vehicle against theft or damage while impounded.\n\n","sortOrder":25},{"sectionNumber":"10J","sectionType":"section","heading":"Failure to prosecute","content":"10J Failure to prosecute\nA proceeding does not lie against the Territory, the chief police\nofficer or a police officer in relation to the seizure or impounding\nunder section 10BA (1) (Powers of police officers to issue surrender\nnotices for motor vehicles) or section 10C (1) (a) or (c) (Powers of\npolice officers to seize and impound vehicles used in committing\ncertain offences) of a vehicle for an offence only because a\nprosecution is not started for the offence.\n","sortOrder":26},{"sectionNumber":"10K","sectionType":"section","heading":"Disposal of vehicles","content":"10K Disposal of vehicles\n(1) The chief police officer may cause an impounded or forfeited vehicle\nto be offered for sale, by public auction or public tender, in the\ncircumstances prescribed by regulation.\n(2) The vehicle may be disposed of otherwise than by sale if the chief\npolice officer believes on reasonable grounds that the vehicle has no\nmonetary value or that the proceeds of the sale would be unlikely to\nexceed the costs of sale.\n(3) If the vehicle offered for sale is not sold, the chief police officer may\ndispose of the vehicle otherwise than by sale.\n(4) A regulation may make provision in relation to the disposal of the\nproceeds of any such sale, including provisions in relation to entitling\npeople to seek to be paid any proceeds.\n\n","sortOrder":27},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of loaded unsafely","content":"11 Meaning of loaded unsafely\nIn this part:\nloaded unsafely, for a vehicle, means—\n(a) a load on the vehicle is placed in a way that makes the vehicle\nunstable or unsafe; or\n(b) a load on the vehicle is not secured or is secured in a way that it\nis likely to fall or be dislodged from the vehicle; or\n(c) an appropriate method is not used to secure a load on the vehicle.\n","sortOrder":28},{"sectionNumber":"12","sectionType":"section","heading":"Driver of vehicle loaded unsafely","content":"12 Driver of vehicle loaded unsafely\nA person commits an offence if—\n(a) the person knows, or ought reasonably to know, a vehicle is\n(b) the person drives the vehicle, or allows it to stand, on a road or\nroad related area; and\n\nUnsafe loads Part 3\n","sortOrder":29},{"sectionNumber":"13","sectionType":"section","heading":"Responsible person for vehicle loaded unsafely","content":"13 Responsible person for vehicle loaded unsafely\n(1) The responsible person for a vehicle commits an offence if—\n(a) the vehicle is loaded unsafely and is driven, or allowed to stand,\non a road or road related area; and\n(b) the person knows, or ought reasonably to know, the vehicle is\n(2) A person commits an offence if—\n(a) the person is a director of, or is concerned in the management\nof, a corporation that is the responsible person for a vehicle\nloaded unsafely and driven, or allowed to stand, on a road or\nroad related area; and\n(b) the person knows, or ought reasonably to know, the vehicle is\n\n","sortOrder":30},{"sectionNumber":"14","sectionType":"section","heading":"Proceeding against pt 3","content":"14 Proceeding against pt 3\n(1) It is a defence to a prosecution of a person for an offence against this\npart if the person satisfies the court that the person could not have\nprevented the vehicle being driven, or allowed to stand, on a road or\nroad related area while loaded unsafely.\n(2) In a proceeding for an offence against this part, it is sufficient to prove\na vehicle was loaded unsafely if the prosecution proves the load on\nthe vehicle was not placed, secured or restrained in a way that met the\nstandards prescribed by regulation.\n\nTraffic accidents Part 4\n","sortOrder":31},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of traffic accident","content":"15 Meaning of traffic accident\nIn this Act:\ntraffic accident includes—\n(a) a collision between 2 or more vehicles or a vehicle and an\nanimal; and\n(b) any other accident or incident involving a vehicle or animal in\nwhich a person dies or is injured, property is damaged, or an\nanimal in someone’s charge dies or is injured.\n","sortOrder":32},{"sectionNumber":"16","sectionType":"section","heading":"Driver or rider to stop and give assistance","content":"16 Driver or rider to stop and give assistance\nIf the driver of a vehicle, or rider of an animal, is involved in a traffic\naccident on a road or road related area, and someone dies or is injured\nin the accident, the driver or rider must not knowingly fail to stop and\ngive any assistance that is necessary and in his or her power to give.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n","sortOrder":33},{"sectionNumber":"17","sectionType":"section","heading":"Regulations about duties of participants in, and","content":"17 Regulations about duties of participants in, and\nwitnesses to, traffic accidents\n(1) A regulation may make provision in relation to the duties of the driver\nof a vehicle or anyone else involved in or affected by a traffic accident\non a road or road related area.\n\n(2) In particular, a regulation may require a person mentioned in that\nsubsection—\n(a) to produce his or her Australian driver licence or external driver\nlicence, or another form of identification, to anyone else; and\n(b) to give particulars to the police or anyone else about—\n(i) any vehicle, person or property involved in or affected by\nthe accident; or\n(ii) injury or damage caused by the accident; or\n(iii) the names and addresses of witnesses to the accident.\n\nTraffic control devices Part 5\n","sortOrder":34},{"sectionNumber":"18","sectionType":"section","heading":"Authority to install etc prescribed traffic control devices","content":"18 Authority to install etc prescribed traffic control devices\nFor this part, a person has appropriate authority to install or display\n(or to interfere with, change or remove) a prescribed traffic control\ndevice if the person is authorised in writing by the road transport\nauthority to install or display (or to interfere with, change or remove)\nthe device.\n","sortOrder":35},{"sectionNumber":"19","sectionType":"section","heading":"Offences about prescribed traffic control devices","content":"19 Offences about prescribed traffic control devices\n(1) A person must not, without appropriate authority—\n(a) install or display a prescribed traffic control device—\n(i) on, above or near a road or road related area; or\n(ii) on a vehicle on, above or near a road or road related area;\nor\n(b) interfere with, change or remove a prescribed traffic control\ndevice installed or displayed—\n(i) on, above or near a road or road related area; or\n(ii) on a vehicle on, above or near a road or road related area.\n(2) A person must not install or display a sign, signal, marking, structure\nor other device that might reasonably be mistaken for a prescribed\ntraffic control device—\n(a) on, above or near a road or road related area; or\n(b) on a vehicle on, above or near a road or road related area.\n\n","sortOrder":36},{"sectionNumber":"20","sectionType":"section","heading":"Removal of unauthorised devices","content":"20 Removal of unauthorised devices\n(1) This section applies if a person installs or displays a sign, signal,\nmarking, structure or other device in contravention of section 19.\n(2) The road transport authority, a police officer, or an authorised\nperson—\n(a) may direct the person, orally or in writing, to remove the device\nwithin a stated reasonable time; or\n(b) may remove the device.\n(3) If the person is given a direction under subsection (2) (a), the person\nmust comply with the direction.\n(4) If the road transport authority, a police officer, or an authorised\nperson removes the device—\n(a) the person’s liability under section 19 or subsection (3) is not\naffected; and\n(b) the road transport authority may recover the cost of removing\nthe device as a debt payable by the person to the Territory.\n(5) A certificate given by or on behalf of the road transport authority, and\nstating that a stated amount is the cost of removing the device under\nsubsection (2) (b), is evidence of the facts so stated.\n\nTraffic control devices Part 5\n","sortOrder":37},{"sectionNumber":"21","sectionType":"section","heading":"Devices generally presumed to be lawfully installed or","content":"21 Devices generally presumed to be lawfully installed or\ndisplayed\nIn a proceeding for an offence against this Act (other than an offence\nagainst section 19 (1) (a) or section 20 (3) in relation to a\ncontravention of that paragraph), a prescribed traffic control device\ninstalled or displayed on, above or near a road or road related area, or\non a vehicle on, above or near a road or road related area, is\nconclusively presumed to have been lawfully installed or displayed\nthere under this Act.\n","sortOrder":38},{"sectionNumber":"22","sectionType":"section","heading":"Notice of intention to challenge certain issues","content":"22 Notice of intention to challenge certain issues\n(1) This section applies if a defendant in a proceeding for an offence\nagainst this Act intends to challenge any of the following matters:\n(a) that a stated prescribed traffic control device was, at the time of\nthe offence, installed or displayed at a stated place on, above or\nnear a road or road related area, or on a vehicle on, above or near\na road or road related area;\n(b) that a stated prescribed traffic control device on, above or near\nroad or road related area, is a reasonable likeness of a diagram,\nor complies substantially with a description, of the device under\nthis Act;\n(c) that a symbol on or with a prescribed traffic control device on,\nabove or near a road or road related area, or on a vehicle on,\nabove or near a road or road related area, is a reasonable likeness\nof a diagram of the symbol under this Act;\n(d) that a stated prescribed traffic control device on, above or near\nroad or road related area, is clearly visible during the day or\nnight in normal weather conditions, or during the day in normal\nweather conditions, to the drivers or pedestrians it applies to;\n\n(e) that a stated prescribed traffic control device on, above or near\nroad or road related area, was operating correctly at the time of\nthe offence.\n(2) The defendant must give written notice of the challenge to the\nprosecution at least 7 days before the day fixed for the hearing.\n(a) state the defendant’s full name and address; and\n(b) state—\n(i) if an infringement notice for the offence has been served\non the person—the number of the infringement notice and\nthe date of service of the infringement notice; or\n(ii) if an infringement notice for the offence has not been\nserved on the person—sufficient details of the offence to\nallow the prosecution to identify the offence; and\n(c) clearly identify the stated prescribed traffic control device and\nthe matter the defendant intends to challenge; and\n(d) outline the grounds of the challenge.\n\nDefinitions—pt 6 Division 6.1\n","sortOrder":39},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 Definitions—pt 6","content":"Division 6.1 Definitions—pt 6\n","sortOrder":40},{"sectionNumber":"22A","sectionType":"section","heading":"Definitions—pt 6","content":"22A Definitions—pt 6\n(1) In this part:\naverage speed limit, for a driver of a vehicle on a road between\n2 detection points if more than 1 speed limit applies between the\npoints, means the average speed limit prescribed by regulation for the\nroad between the points.\ndetection point means a point prescribed by regulation on a road by\nreference to which a vehicle’s average speed can be worked out.\nshortest practicable distance means the distance between 2 detection\npoints prescribed by regulation as the shortest distance between the\npoints that a vehicle’s driver could use to travel on a road between the\npoints without contravening a provision of the road transport\nlegislation.\nspeeding offence means an offence against a provision of the road\ntransport legislation of failing to obey a speed limit.\nspeed measuring device means a device designed to measure the\nspeed at which a vehicle is travelling.\n(2) In this section:\nminimum travel time, for a shortest practicable route, means a time\nprescribed by regulation that a driver could travel the route without\ncommitting a speeding offence.\nshortest practicable route, between 2 detection points, means a route\nprescribed by regulation, used to determine the minimum travel time\nbetween the points.\n\nDivision 6.2 Traffic offence detection devices—general\n","sortOrder":41},{"sectionNumber":"22B","sectionType":"section","heading":"Meaning of average speed—pt 6","content":"22B Meaning of average speed—pt 6\n(1) For this part, the average speed of a vehicle between 2 detection\npoints is the speed worked out in accordance with the following\nformula and expressed in kilometres per hour rounded down to the\nnext whole number:\nSPD × 3600\nT\n(2) In this section:\nSPD means the shortest practicable distance between the detection\npoints.\nT means the time, expressed in seconds, that elapsed between the\nvehicle passing the first and second detection points.\nDivision 6.2 Traffic offence detection devices—\ngeneral\n","sortOrder":42},{"sectionNumber":"23","sectionType":"section","heading":"Meaning of traffic offence detection device","content":"23 Meaning of traffic offence detection device\n(1) For this Act, a traffic offence detection device means a device or\nsystem—\n(a) designed to detect or take images of 1 or more of the following:\n(i) a vehicle being driven in contravention of a provision of\nthe road transport legislation;\n(ii) the driver of a vehicle mentioned in subparagraph (i);\n(iii) a passenger in a vehicle mentioned in subparagraph (i); and\n(b) approved in accordance with a regulation made under\nsection 24 (1).\n(2) However, subsection (1) (a) does not include a device or system\ndesigned only to detect or take images of a vehicle parked in\ncontravention of a provision of the road transport legislation.\n\nTraffic offence detection devices—general Division 6.2\n","sortOrder":43},{"sectionNumber":"24","sectionType":"section","heading":"Regulation for approval etc of device or system","content":"24 Regulation for approval etc of device or system\n(1) A regulation may provide for the approval of a device or system\ndesigned to detect or take images of 1 or more of the following:\n(a) a vehicle being driven in contravention of a provision of the road\ntransport legislation;\n(b) the driver of a vehicle mentioned in paragraph (a);\n(c) a passenger in a vehicle mentioned in paragraph (a).\n(2) A regulation may provide for the following for a device or system\nmentioned in subsection (1):\n(a) requirements for an image taken by the device or system;\n(b) the requirements for testing, sealing, certification, maintenance\nor operation of the device or system;\n(c) the approval of people to test, seal, certify, maintain or operate\nthe device or system;\n(d) the use, disclosure and retention of data collected by the device\nor system;\n(e) requirements in relation to signage for the device or system.\nNote Power to make a regulation includes power to make different provision\nin relation to different matters or different classes of matters (see\nLegislation Act, s 48).\n\nDivision 6.3 Traffic offence detection devices—\nother matters\n","sortOrder":44},{"sectionNumber":"24A","sectionType":"section","heading":"Average speed of vehicle is evidence of actual speed in","content":"24A Average speed of vehicle is evidence of actual speed in\ncertain circumstances\n(1) This section applies to a proceeding against a person for a speeding\n(2) The prosecution may rely on evidence of the average speed of the\nvehicle between 2 detection points as evidence of the actual speed of\nthe vehicle between the detection points for the purpose of proving\nthe offence.\n(3) The following provisions apply in relation to the proceeding:\n(a) the vehicle’s average speed is admissible and is evidence of the\nactual speed at which the driver drove the vehicle on a road\nbetween the detection points;\n(b) if more than 1 speed limit applied to the driver between the\ndetection points, the average speed limit for the driver on a road\nbetween the points is taken to be the speed limit that applied to\nthe driver at all times on the road between the points;\n(c) for the purpose of working out the vehicle’s average speed, the\nvehicle is taken to have travelled between the detection points\nby means of the shortest practicable distance regardless of the\nactual route taken.\n(4) An offence evidenced by the average speed of a vehicle between\n2 detection points is taken to have been committed when the vehicle\npassed the 2nd detection point.\n\n","sortOrder":45},{"sectionNumber":"24B","sectionType":"section","heading":"Other forms of proof of speeding offences not excluded","content":"24B Other forms of proof of speeding offences not excluded\nby s 24A\n(1) Section 24A is in addition to, and does not limit, any other form of\nproof of a vehicle’s speed.\n(2) Without limiting subsection (1), a court in a proceeding against a\nperson for a speeding offence in which the prosecution is relying on\nevidence of the average speed of the vehicle may convict a person, or\nfind a person guilty, of the offence by relying on evidence of the\nactual speed of the vehicle at a particular point of its journey between\n2 detection points if the court is satisfied that—\n(a) evidence in the proceeding (other than evidence establishing the\naverage speed) establishes the actual speed at which the driver\nwas driving, and the actual speed limit that applied to the driver\nat that point; and\n(b) the use of the actual speed and actual speed limit rather than the\naverage speed (and, if relevant, the average speed limit)\ndemonstrates that the driver exceeded the speed limit by a\ngreater speed than that indicated by the use of the average speed\n(and average speed limit).\nExample\nThe average speed of a vehicle between 2 detection points is 120km/h along a\nlength of road for which the speed limit is 90km/h. A police officer measured the\nspeed of the vehicle at a point during that journey at 130km/h using a speed\nmeasuring device. The court may rely on the evidence obtained by the police\nofficer rather than the average speed to convict a person of the speeding offence.\n\n","sortOrder":46},{"sectionNumber":"25","sectionType":"section","heading":"Evidentiary certificates etc","content":"25 Evidentiary certificates etc\n(1) This section applies to a proceeding against a person for an offence\nagainst this Act involving a vehicle.\n(2) A certificate that appears to be signed by a police officer or the road\ntransport authority, and states a matter relevant to any of the\nfollowing, is evidence of the matter:\n(a) the use of a traffic offence detection device in relation to the\n(b) anything done or not done in relation to a traffic offence\ndetection device under—\n(i) a regulation made under section 24 (2); or\n(ii) an approval made in accordance with a regulation under\nsection 24 (1);\n(c) the recording of an electronic file created by a traffic offence\ndetection device;\n(d) the vehicle’s average speed between stated detection points.\n(3) Without limiting subsection (2), a certificate given for a traffic\noffence detection device may state any of the following matters:\n(a) that the device has been tested, sealed, certified, maintained or\noperated as required or permitted by the following:\n(i) a regulation made under section 24 (2) (b);\n(ii) an approval made in accordance with a regulation under\nsection 24 (1);\n\n(b) the results of a test of the device under paragraph (a) at a stated\ntime or within a stated period, including—\n(i) the accuracy, or accuracy to a stated extent, of the device;\nor\n(ii) if the device was working properly within the stated period;\n(c) that a stated image, or series of images, is an accurate copy of\nan image, or series of images, taken by the device—\n(i) at a stated date, time and place; or\n(ii) within a stated period;\n(d) if the device is a speed measuring device—a measurement of\nspeed obtained by the use of the device.\n(4) An image stated by a certificate given under subsection (2) to be an\naccurate copy of an image or any 1 of a series of images taken by a\ntraffic offence detection device is evidence of everything indicated\non, or shown by, the image.\nNote Information etc that is indicated on an image includes information\naccompanying or reasonably associated with the image (see dict, def\nindicated on).\n(5) Without limiting subsection (4), the information indicated on or\nshown by the image is evidence of the following matters:\n(a) that the vehicle shown in the image was being driven when and\nthe place where (the relevant time and place) the image was\ntaken by the device;\n(b) if the information indicates a speed limit—that the speed limit\napplied to the driver of the vehicle for the length of road where\nthe driver was driving at the relevant time and place;\n(c) if the information indicates the speed of the vehicle—that the\ndriver was driving the vehicle at that speed at the relevant time\nand place;\n\n(d) if the information indicates the average speed of the vehicle\nbetween 2 detection points—that the driver was driving the\nvehicle at that speed between the points;\n(e) if the information indicates the use of a mobile device by the\ndriver of the vehicle—that the vehicle was moving, or stationary\nbut not parked, when the image was taken;\n(f) if the information indicates whether the driver of the vehicle, or\na passenger in the vehicle, was wearing a seatbelt—that the\nvehicle was moving, or stationary but not parked, when the\nimage was taken;\n(g) if the information indicates the lane and the general direction in\nwhich the vehicle was travelling—that the vehicle was travelling\nin that lane in the general direction indicated;\n(h) if the information indicates the length of time a red traffic light\nor red traffic arrow facing the driver of the vehicle had been\nshowing—that the light or arrow shown in the image had been\nshowing for the stated time before the driver contravened a\nprovision of the road transport legislation about traffic lights.\n(6) Evidence may be given by a police officer or authorised person about\nany matter mentioned in subsections (2) and (3).\n(7) Without limiting subsection (6), evidence by a police officer or\nauthorised person of the speed a vehicle was moving as measured by\na traffic offence detection device is evidence that the vehicle was\nbeing driven at that speed when and where the measurement was\ntaken.\n(8) Evidence of the condition of a traffic offence detection device is\nnecessary only if evidence is given that the device was not accurate\nor operating properly.\n(9) This section does not limit evidence that can be presented apart from\nthis section.\n\n(10) In this section:\nimage includes a video recording.\nmobile device—\n(a) includes a mobile phone and any other wireless hand-held or\nwearable device designed or capable of being used for\ntelecommunication; but\n(b) does not include a CB radio or any other two-way radio.\nExamples—other wireless hand-held or wearable devices\ntablet computer, smart watch\n","sortOrder":47},{"sectionNumber":"26","sectionType":"section","heading":"Interfering with traffic offence detection devices","content":"26 Interfering with traffic offence detection devices\nA person must not, without lawful authority, knowingly or recklessly\ninterfere with—\n(a) a traffic offence detection device or its operation; or\n(b) a seal on a traffic offence detection device; or\n(c) anything taken or created by a traffic offence detection device.\nMaximum penalty: 30 penalty units.\n","sortOrder":48},{"sectionNumber":"27","sectionType":"section","heading":"Inspection and purchase of images taken by traffic","content":"27 Inspection and purchase of images taken by traffic\noffence detection devices\n(1) This section applies to—\n(a) the responsible person for a vehicle shown in an image taken by\na traffic offence detection device; or\n(b) a person nominated in an illegal user declaration, known user\ndeclaration or sold vehicle declaration under the Road Transport\n(General) Act 1999, division 3.3 (Infringement notice offences\ninvolving registrable and rail vehicles) by the responsible person\nfor a vehicle shown in an image taken by a traffic offence\ndetection device.\n\n(2) The road transport authority must—\n(a) make a copy of the image (including the information indicated\non the image) available for inspection by the person; and\n(b) give a copy to the person if the person asks for a copy.\nNote A fee may be determined under the Road Transport (General) Act 1999,\ns 96 (Determination of fees, charges and other amounts) for this section.\n","sortOrder":49},{"sectionNumber":"28","sectionType":"section","heading":"Notice of intention to challenge certain issues","content":"28 Notice of intention to challenge certain issues\n(1) This section applies if a defendant in a proceeding for an offence\nagainst this Act intends to challenge the following:\n(a) the maintenance, testing, sealing, use, accuracy or operating\ncondition of a traffic offence detection device;\n(b) a vehicle’s average speed between 2 detection points.\n(2) The defendant must give written notice of the challenge to the\nprosecution at least 7 days before the day fixed for the hearing.\n(a) state the defendant’s full name and address; and\n(b) state—\n(i) if an infringement notice for the offence has been served\non the person—the number of the infringement notice and\nthe date of service of the infringement notice; or\n(ii) if an infringement notice for the offence has not been\nserved on the person—sufficient details of the offence to\nallow the prosecution to identify the offence; and\n(c) outline the grounds on which the defendant intends to make the\nchallenge.\n\n","sortOrder":50},{"sectionNumber":"29","sectionType":"section","heading":"Use, retention and disclosure of data by road transport","content":"29 Use, retention and disclosure of data by road transport\nauthority and other people\n(1) The road transport authority may use or disclose data collected in\nrelation to a traffic offence detection device only—\n(a) in connection with the enforcement of the road transport\nlegislation; or\nExamples\n1 disclosure to a police officer for issuing an infringement notice\n2 disclosure to a prosecutor preparing prosecutions\n3 disclosure to or use by a contractor engaged to provide services in\nrelation to the operation of a traffic offence detection device\n4 use of data to test and maintain a traffic offence detection device\n(b) to issue a written warning in connection with the enforcement of\nthe road transport legislation; or\n(c) if the use or disclosure of the data is reasonably necessary for\nthe enforcement of the criminal law or a law imposing a\nmonetary penalty; or\n(d) for research relating to improving road safety and transport\nefficiency, but only if identifying information about people\ncannot be ascertained from the data; or\n(e) if the use or disclosure of the data is required or authorised by—\n(i) a law of the Territory; or\nExample\na person asks for a copy of an image under s 27\n(ii) a law of the Commonwealth; or\n(iii) an order of a court of competent jurisdiction.\n\n(2) A person to whom data collected by a traffic offence detection device\nis disclosed under subsection (1)—\n(a) may use the data only for the purpose for which it was disclosed\nand in accordance with any applicable laws; and\n(b) must not retain the data for longer than required by or for that\npurpose, or as required by law; and\n(c) must not disclose the data to someone else unless the disclosure\nis required or authorised by—\n(i) a law of the Territory; or\n(ii) a law of the Commonwealth; or\n(iii) an order of a court of competent jurisdiction.\n(3) A person mentioned in subsection (2) includes a contractor engaged\nto operate a traffic offence detection device.\nNote A public sector agency must not enter into a government contract unless\nthe contract contains appropriate provisions for privacy protections (see\nInformation Privacy Act 2014, s 21).\n(4) The road transport authority, and any person to whom data collected\nby a traffic offence detection device is disclosed under this section,\nmust ensure that the data is protected by security safeguards that are\nreasonable in the circumstances to prevent—\n(a) loss; and\n(b) unauthorised access, use, modification or disclosure; and\n(c) other misuse.\n(5) In this section:\ndata includes an image or a series of images.\nlaw of the Territory, in relation to data collected by a traffic offence\ndetection device, means a law that expressly requires or authorises\nthe use of the data.\n\nTraffic management Part 7\n","sortOrder":51},{"sectionNumber":"30","sectionType":"section","heading":"Road or road related area may be closed temporarily to","content":"30 Road or road related area may be closed temporarily to\ntraffic\n(1) A police officer may—\n(a) close a road or road related area to traffic during a temporary\nobstruction or danger to traffic or for any temporary purpose;\nand\n(b) give directions to prevent the traffic of any vehicles, people or\nanimals in or on a road or road related area closed to traffic under\nparagraph (a) or under the authority of another Act.\n(2) A person must not, without reasonable excuse, contravene a direction\nof a police officer under this section.\n","sortOrder":52},{"sectionNumber":"31","sectionType":"section","heading":"Removal of dangers and obstructions to traffic","content":"31 Removal of dangers and obstructions to traffic\n(1) If a danger or obstruction to traffic on a road or road related area is\ncaused by—\n(a) a vehicle that is involved in a traffic accident or is broken down;\nor\n(b) anything that has fallen, escaped or been removed from a\nvehicle; or\n(c) a container used for transporting materials or rubbish (including\na building skip) or anything else left or placed on a road or road\nrelated area;\na police officer or authorised person may remove the vehicle, thing\nor container and take other steps necessary to protect the public and\nassist the free flow of traffic.\n\n(2) The road transport authority may recover the cost of action taken\nunder subsection (1) as a debt payable to the Territory by—\n(a) for a vehicle—the driver of, or responsible person for, the\nvehicle at the time of the traffic accident or breakdown; or\n(b) for anything that has fallen, escaped or been removed from a\nvehicle—the driver of, or responsible person for, the vehicle at\nthe time of the fall, escape or removal; or\n(c) for anything else left or placed on a road or road related area—\nthe person who left or placed it, or had possession of it when it\nwas left or placed.\n(3) A certificate given by or on behalf of the road transport authority, and\nstating that a stated amount is the cost of taking stated action under\nsubsection (1), is evidence of the facts stated.\n","sortOrder":53},{"sectionNumber":"32","sectionType":"section","heading":"Removal of unattended vehicles from certain places","content":"32 Removal of unattended vehicles from certain places\n(1) A police officer or authorised person may move an unattended\nvehicle from a road or road related area to a retention area—\n(a) if the vehicle is unlawfully parked; or\n(b) if the police officer or authorised person believes on reasonable\ngrounds that the vehicle is causing, or is likely to cause, a danger\nto the public or an unreasonable obstruction to other users of the\nroad or road related area; or\n(c) in any other circumstances prescribed by regulation.\n(2) As soon as practicable after moving the vehicle to a retention area,\nthe police officer or authorised person must report the action to the\npolice officer in charge of the closest police station and ask that the\nresponsible person for the vehicle (or other person entitled to\npossession of the vehicle) be told where it has been moved to.\n\nTraffic management Part 7\n(3) A vehicle moved to a retention area is taken to be uncollected goods\nunder the Uncollected Goods Act 1996 and—\n(a) the road transport authority is taken to be the possessor of the\nvehicle under that Act; and\n(b) the responsible person for the vehicle is taken to be the owner of\nthe vehicle; and\n(c) the road transport authority may dispose of the vehicle in\naccordance with that Act, part 3; and\n(d) reasonable costs of the possessor in complying with that Act are\ntaken to include the cost of moving the vehicle to the retention\narea.\n(4) However, the responsible person for the vehicle is not required to pay\ncosts under the Uncollected Goods Act 1996, section 26 (2) (a) or (b)\nif the person satisfies the road transport authority that the vehicle was\nstolen or illegally taken or used at the relevant time.\nNote The Uncollected Goods Act 1996, s 26 (2) (a) and (b) require the owner\nto pay the reasonable costs incurred by the possessor in complying with\nthat Act and the possessor’s reasonable costs in storing and maintaining\nthe goods before they are collected.\n\n","sortOrder":54},{"sectionNumber":"Part 8","sectionType":"part","heading":"Regulations about safety and","content":"Part 8 Regulations about safety and\ntraffic management\n","sortOrder":55},{"sectionNumber":"33","sectionType":"section","heading":"General regulation-making power","content":"33 General regulation-making power\n(1) The Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than 30\npenalty units for offences against a regulation.\n(3) A regulation may provide defences for offences against a regulation\nand provide who has the onus of proof for the defences.\n(4) In addition to a penalty mentioned in subsection (2), a regulation may\nprovide for a person who is convicted or found guilty by a court of an\noffence against this Act to be disqualified by order of the court from\nholding or obtaining a driver licence for the period the court considers\nappropriate.\n(5) A regulation may provide for a person who is prosecuted for an\naggravated form of an offence against a regulation to be found guilty\nby a court of a lesser offence if the court is not satisfied that the\nelements of the aggravated offence have been proven, but is satisfied\nthat the elements of the lesser offence have been proven.\n(6) A regulation may provide that a document that is signed or purports\nto be signed on behalf of the road transport authority (or someone else\nprescribed by regulation), and stating any matter relevant to the speed\nlimit applying to a road or road related area (including the operation\nof any device that sets the speed limit), is evidence of the matter in a\nproceeding before a court or tribunal.\n\nGeneral Division 8.1\n","sortOrder":56},{"sectionNumber":"34","sectionType":"section","heading":"Regulations may apply certain documents","content":"34 Regulations may apply certain documents\nA regulation may apply a publication of the National Transport\nCommission or any other instrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n","sortOrder":57},{"sectionNumber":"35","sectionType":"section","heading":"Regulations may exclude vehicles, people and animals","content":"35 Regulations may exclude vehicles, people and animals\nfrom Act\n(1) A regulation may—\n(a) exempt a vehicle, person or animal prescribed by regulation\nfrom this Act (or a stated provision of this Act); or\n(b) authorise the road transport authority to exempt a vehicle,\nperson or animal prescribed by regulation from this Act (or a\nstated provision of this Act).\n(2) An exemption given under a regulation mentioned in subsection (1)\nmay be conditional.\n(3) A regulation may provide for the road transport authority to—\n(a) suspend the operation of a regulation mentioned in\nsubsection (1) (a) in the way and circumstances prescribed by\nregulation; or\n(b) suspend the operation of an exemption given by the authority to\na vehicle, person or animal in the way and circumstances\nprescribed by regulation.\n\n","sortOrder":58},{"sectionNumber":"36","sectionType":"section","heading":"Regulations about safety generally","content":"36 Regulations about safety generally\nA regulation may make provision in relation to the regulation or\nprohibition of traffic, people and animals on roads and road related\nareas, including provision about—\n(a) the use of safety equipment by drivers, riders, passengers and\nother people; and\n(b) standards of conduct for safety purposes.\n","sortOrder":59},{"sectionNumber":"37","sectionType":"section","heading":"Regulations about safe operation of vehicles","content":"37 Regulations about safe operation of vehicles\nA regulation may make provision in relation to the safe operation of\nvehicles on roads and road related areas, including provision about—\n(a) the loading and unloading of vehicles and securing of loads; and\n(b) the regulation of vehicles with a size, mass or load greater than\nlimits prescribed by regulation; and\n(c) the keeping and production of records and other information in\nrelation to vehicles used on roads or road related areas.\n","sortOrder":60},{"sectionNumber":"38","sectionType":"section","heading":"Regulations about child safety","content":"38 Regulations about child safety\n(1) A regulation may make provision in relation to the duties of parents\nand other people responsible for children (other than children over 16\nyears and 9 months) in relation to the use of roads or road related\nareas (or vehicles on roads or road related areas).\n(2) A regulation may make provision in relation to the establishment and\nconduct of schemes to assist children to cross roads and road related\nareas safely, including the following:\n(a) enabling the road transport authority to conduct, or authorise\nother people to conduct, the schemes;\n\nTraffic management Division 8.3\n(b) enabling the road transport authority to—\n(i) amend or replace the schemes; and\n(ii) impose conditions on an authority to conduct schemes; and\n(iii) revoke an authority to conduct schemes;\n(c) the signs to be displayed at crossings and how the signs are to\nbe displayed;\n(d) the placement of barriers across or partly across a road or road\nrelated area near a crossing;\n(e) conditions about the wearing or display of insignias, badges,\nbelts or other articles of uniform by anyone taking part in\ncrossing schemes;\n(f) that evidence the sign was displayed as prescribed by a person\nat or near a crossing is evidence in a proceeding that the\ndisplaying of the sign by the person was authorised;\n(g) anything else necessary or convenient to be prescribed for the\ncarrying out of the scheme.\n","sortOrder":61},{"sectionNumber":"39","sectionType":"section","heading":"Regulations about traffic management generally","content":"39 Regulations about traffic management generally\nA regulation may make provision in relation to the regulation or\nprohibition of traffic, people and animals on roads and road related\nareas, including provision about—\n(a) the places where and how vehicles or animals may or may not\nbe driven or ridden; and\n(b) the use of roads and road related areas by people on foot and\nother people and by animals; and\n(c) speed limits for vehicles (including speed limits that may be\nvaried electronically or otherwise); and\n\n(d) signs, signals, structures and other devices to control, direct or\nwarn traffic; and\n(e) the marks that are to be used on the surface of roads and road\nrelated areas; and\n(f) the control and reduction of traffic congestion or danger in\nvehicle operation; and\n(g) the conduct of events on roads and road related areas that may\ndisrupt traffic; and\n(h) complying with directions by police officers, authorised people\nor other people prescribed by regulation; and\n(i) the use of stalls or other ways of selling goods or services, or\ncarrying out any business or trade, on a road or road related area.\n","sortOrder":62},{"sectionNumber":"40","sectionType":"section","heading":"Regulations about seizure, impounding etc of vehicles","content":"40 Regulations about seizure, impounding etc of vehicles\nA regulation may make provision in relation to—\n(a) the seizure and moving to a retention area of a vehicle that is—\n(i) a danger to the public or an unreasonable obstruction to\ntraffic; or\n(ii) unattended on a road or road related area; or\n(iii) parked unlawfully on a road or road related area where\nthere is conspicuously displayed a sign including the words\n‘tow away area’ or ‘vehicles impounded’ or other words\nindicating the vehicle may be seized; and\n(b) the conditions to be complied with before a vehicle can be\nseized; and\n(c) the application of the Uncollected Goods Act 1996 to a vehicle\nseized and moved to a retention area.\n\nParking Division 8.4\n","sortOrder":63},{"sectionNumber":"41","sectionType":"section","heading":"Regulations about towing fees","content":"41 Regulations about towing fees\nA regulation may make provision in relation to—\n(a) the payment of a fee by the driver or responsible person for a\nvehicle for the towing of the vehicle because of the exercise of\nfunctions under this Act; and\n(b) the recovery of the fee by the road transport authority or anyone\nelse as a debt payable to the Territory in a court of competent\njurisdiction; and\n(c) the issue of certificates about towing and the cost of towing, and\ntheir use as evidence of those matters in proceedings.\n","sortOrder":64},{"sectionNumber":"42","sectionType":"section","heading":"Regulations about parking","content":"42 Regulations about parking\n(1) A regulation may make provision in relation to the regulation or\nprohibition of the parking of vehicles (including pay parking), and\nparked or stopped vehicles, on roads, road related areas and other\nplaces, including provision about the following:\n(a) the Territory and other entities establishing and operating pay\nparking schemes;\n(b) the Territory and other entities fixing and collecting parking\nfees, and the application of parking fees by the collector of the\nfees and the payments to be made to the road transport authority;\n(c) allocating the costs for pay parking schemes;\n(d) providing pay parking on a common payment basis;\n(e) installing and operating devices used for pay parking;\n(f) the road transport authority issuing guidelines for pay parking\nschemes and the legal effect of the guidelines;\n\n(g) the road transport authority granting approvals for the\nestablishment and operation of pay parking schemes;\n(h) resolving disputes about pay parking;\n(i) the powers of police officers and authorised people to remove\nvehicles parked or stopped in parking spaces and to close\nparking spaces;\n(j) parking vehicles on residential land, including for heavy\nvehicles—\n(i) prescribing the circumstances in which the road transport\nauthority may enter residential land; and\n(ii) prescribing the circumstances in which warrants may be\nissued for residential land; and\n(iii) prescribing maximum penalties of not more than 20\npenalty units for each day a person contravenes a\nregulation in relation to the parking of a vehicle on\nresidential land, including the day of a conviction for the\ncontravention or a later day.\n(2) In particular, a regulation may make provision in relation to the\npowers that may be exercised by a police officer or an authorised\nperson, who enters land under a regulation made for\nsubsection (1) (j), including, for example, requiring a person in or on\nthe land—\n(a) to give the police officer or authorised person information\nrelevant to the exercise of his or her powers in relation to the\nland; or\n(b) to produce to the police officer or authorised person a document\ncontaining information relevant to the exercise of his or her\npowers in relation to the land.\n\nParking Division 8.4\nresidential land means land leased for residential purposes.\n","sortOrder":65},{"sectionNumber":"43","sectionType":"section","heading":"Regulations about marking tyres","content":"43 Regulations about marking tyres\nA regulation may make provision in relation to the marking of tyres\non vehicles using crayon, chalk or a similar substance by police\nofficers and authorised people for any purpose connected with the\nenforcement of a provision of any Act or subordinate law.\n\n","sortOrder":66},{"sectionNumber":"44","sectionType":"section","heading":"References to Motor Traffic Act, Traffic Act etc","content":"44 References to Motor Traffic Act, Traffic Act etc\nIn any Act or document, a reference to any of the following legislation\nis, in relation to anything to which this Act applies, a reference to this\nAct:\n(a) Motor Traffic Act 1936;\n(b) Traffic Act 1937;\n(c) Motor Traffic Regulations 1934.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act (see Legislation Act, s 104).\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• exercise\n• found guilty\n• function\n• instrument.\nNote 3 The Road Transport (General) Act 1999 contains definitions relevant to\nthis Act. For example, the following terms are defined in the Road\nTransport (General) Act 1999, dictionary:\n• Australian driver\n• driver\n• driver licence\n• external driver licence\n• illegal user declaration\n• infringement notice\n• known user declaration\n• light rail vehicle\n• motor vehicle\n• National Transport Commission\n• offence of culpable driving\n• registered operator\n• responsible person\n• ride\n• rider\n• road\n• road related area\n• road transport authority (or authority) (see s 16)\n• road transport legislation (see s 6)\n\n• sold vehicle declaration\n• traffic\n• trailer\n• vehicle.\nNote 4 If a word or expression is defined in an Act (but not a regulation or\nanother publication) included in the road transport legislation, the\ndefinition applies to each use of the word or expression in other road\ntransport legislation unless the contrary intention appears (see Road\nTransport (General) Act 1999, s 8).\naggravated offence—\n(a) against section 5A (Races, attempts on speed records, speed\ntrials etc)—see section 5AAA; and\n(b) against section 7 (Furious, reckless or dangerous driving)—see\nsection 7A.\nauthorised person, for a provision of this Act, means—\n(a) a person who is appointed as an authorised person under the\nRoad Transport (General) Act 1999, section 19 for the\nprovision; or\n(b) a person who is, under a regulation made under this Act or the\nRoad Transport (General) Act 1999, an authorised person for\nthe provision.\naverage speed, of a vehicle between 2 detection points, for part 6\n(Traffic offence detection devices)—see section 22B.\naverage speed limit, for a driver of a vehicle on a road between\n2 detection points if more than 1 speed limit applies between the\npoints, for part 6 (Traffic offence detection devices)—see\ndetection point, for part 6 (Traffic offence detection devices)—see\n\ndrive a vehicle includes—\n(a) be in control of the steering, movement or propulsion of the\nvehicle; and\n(b) if the vehicle is a trailer—draw or tow the vehicle; and\n(c) if the vehicle can be ridden—ride the vehicle.\nfirst offender—\n(a) for division 2.1 (Speeding and other dangerous driving\noffences)—see section 5AB; and\n(b) for division 2.3 (Seizure, impounding and forfeiture of vehicles\nfor certain offences)—see section 10AA.\nindicated on, an image of a vehicle or the driver of a vehicle taken by\na traffic offence detection device, includes accompanying or\nreasonably associated with the image.\ninstallation, of a prescribed traffic control device, includes the\npainting or formation of any marks or structure that forms, or forms\npart of, the device.\nloaded unsafely, for part 3 (Unsafe loads)—see section 11.\nprescribed concentration, of alcohol in a person’s blood or breath—\nsee the Road Transport (Alcohol and Drugs) Act 1977, section 4C.\nprescribed drug—see the Road Transport (Alcohol and Drugs)\nAct 1977, dictionary.\nprescribed traffic control device means a device, line, marking, sign,\nsignal or anything else prescribed by regulation for this definition,\nand includes any board, device, plate, screen, word, and anything\nelse, with a prescribed traffic control device that provides information\nabout the application of the device.\nred traffic arrow includes a flashing red traffic arrow.\nred traffic light includes a flashing red traffic light.\n\nrepeat offender—\n(a) for division 2.1 (Speeding and other dangerous driving\noffences)—see section 5AB; and\n(b) for division 2.3 (Seizure, impounding and forfeiture of vehicles\nfor certain offences)—see section 10AA.\nretention area—see the Uncollected Goods Act 1996, dictionary.\nroad user—see the Road Transport (Road Rules) Regulation 2017,\nsection 14.\nshortest practicable distance, for part 6 (Traffic offence detection\ndevices)—see section 22A (1).\nspeeding offence, for part 6 (Traffic offence detection devices)—see\nspeed measuring device, for part 6 (Traffic offence detection\ndevices)—see section 22A (1).\ntraffic accident—see section 15.\ntraffic lights includes any traffic arrows installed with or near the\nlights.\ntraffic offence detection device—see section 23.\ntraffic offence evasion article means any device or substance (the\narticle) that is designed or adapted, or apparently designed or\nadapted, to be fitted to, applied to, or carried in a vehicle to detect,\ninterfere with, or reduce the effectiveness of, a traffic offence\ndetection device, whether or not the article is operating or in working\norder.\n\nvulnerable road user means a road user other than the driver of, or\npassenger in, an enclosed motor vehicle.\nExamples—vulnerable road users\n• pedestrians\n• cyclists\n• motorcyclists\n• riders of animals\n• users of personal mobility devices\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":67},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nRoad Transport (Safety and Traffic Management) Act 1999 A1999-80\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nremainder (ss 3-44) commenced 1 March 2000 (s 2 and Gaz 2000\nNo S5)\nas amended by\nRoad Transport Legislation Amendment Act 2000 A2000-4 pt 3\nnotified 1 March 2000 (Gaz 2000 No S8)\ncommenced 1 March 2000 (s 2)\nas modified by\nRoad Transport Legislation Regulations Amendment SL2000-33 reg 7\nnotified 2 August 2000 (Gaz 2000 No S41)\ncommenced 2 August 2000 (reg 1)\nRoad Transport Legislation Regulations Amendment SL2000-52 pt 3\nnotified 14 December 2000 (Gaz 2000 No 50)\ncommenced 14 December 2000 (reg 1)\nas amended by\nRoad Transport Legislation Amendment Act 2001 A2001-27 sch 5\nnotified 24 May 2001 (Gaz 2001 No 21)\ns 1, s 2 commenced 24 May 2001 (IA s 10B)\nsch 5 commenced 24 May 2001 (s 2)\nAct 2001 A2001-29 pt 2\nnotified 24 May 2001 (Gaz 2001 No 21)\ncommenced 24 May 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 347\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 347 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\n\nAct 2001 (No 2) A2001-59\ncommenced 10 September 2001 (s 2)\nRoad Transport (Public Passenger Services) Act 2001 A2001-62\npt 1.6\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\ncommenced 1 December 2001 (s 2 and CN 2001 No 2)\nCrimes Legislation Amendment Act 2001 A2001-63 pt 9\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 9 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3)\nAct 2001 (No 3) A2001-86\ncommenced 10 September 2001 (s 2)\nStatute Law Amendment Act 2002 A2002-30 pt 3.72\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.72 commenced 17 September 2002 (s 2 (1))\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.24\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.24 commenced 17 January 2003 (s 2 (1))\nCriminal Code 2002 A2002-51 pt 1.19\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75)\npt 1.19 commenced 1 January 2003 (s 2 (1))\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.58\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.58 commenced 2 June 2005 (s 2 (1))\n\nStatute Law Amendment Act 2005 (No 2) A2005-62 sch 1 pt 1.3\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 1 pt 1.3 commenced 11 January 2006 (s 2 (1))\nAct 2006 A2006-39\nnotified LR 26 September 2006\ns 1, s 2 commenced 26 September 2006 (LA s 75 (1))\nremainder commenced 27 September 2006 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.88\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.88 commenced 12 April 2007 (s 2 (1))\nAct 2007 A2007-6\nnotified LR 23 March 2007\ns 1, s 2 commenced 23 March 2007 (LA s 75 (1))\nremainder commenced 24 March 2007 (s 2)\nRoad Transport (Third-Party Insurance) Act 2008 A2008-1 sch 1\npt 1.10 (as am by A2008-39 s 4)\nnotified LR 26 February 2008\ns 1, s 2 commenced 26 February 2008 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 October 2008 (s 2 as am by A2008-39 s 4)\nRoad Transport (Third-Party Insurance) Amendment Act 2008\nA2008-39\nnotified LR 22 August 2008\ns 1, s 2 commenced 22 August 2008 (LA s 75 (1))\nremainder commenced 23 August 2008 (s 2)\nNote This Act only amends the Road Transport (Third-Party\nInsurance) Act 2008 A2008-1.\nRoad Transport Legislation Amendment Act 2009 A2009-5 pt 4\nnotified LR 4 March 2009\ns 1, s 2 commenced 4 March 2009 (LA s 75 (1))\npt 4 commenced 8 March 2009 (s 2 and CN2009-6)\n\nRoad Transport (Mass, Dimensions and Loading) Act 2009 A2009-22\nsch 1 pt 1.9\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.9 commenced 3 March 2010 (s 2 and LA s 79)\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.20\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.20 commenced 3 June 2010 (s 2)\nAct 2011 A2011-38\nnotified LR 28 September 2011\ns 1, s 2 commenced 28 September 2011 (LA s 75 (1))\nremainder commenced 15 January 2012 (s 2 and CN2011-15)\nRoad Transport (General) Amendment Act 2012 A2012-7 sch 1 pt 1.2\nnotified LR 3 April 2012\ns 1, s 2 commenced 3 April 2012 (LA s 75 (1))\nsch 1 pt 1.2 commenced 4 April 2012 (s 2)\nRoad Transport Legislation Amendment Act 2013 A2013-13 pt 4\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 4 commenced 24 May 2013 (s 2 (2) and see Road Transport\n(General) (Infringement Notices) Amendment Act 2012 A2012-24\ns 2 (2))\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.44\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.44 commenced 14 June 2013 (s 2)\nStatute Law Amendment Act 2013 (No 2) A2013-44 sch 3 pt 3.21\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 3 pt 3.21 commenced 25 November 2013 (s 2)\n\nHeavy Vehicle National Law (Consequential Amendments) Act 2013\nA2013-52 pt 12\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75 (1))\npt 12 commenced 10 February 2014 (s 2 and see Heavy Vehicle\nNational Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)\nRoad Transport Legislation Amendment Act 2014 A2014-25 pt 5\nnotified LR 12 June 2014\ns 1, s 2 commenced 12 June 2014 (LA s 75 (1))\npt 5 commenced 13 June 2014 (s 2 (1))\nRoad Transport Legislation Amendment Act 2015 A2015-30 pt 7\nnotified LR 21 August 2015\ns 1, s 2 commenced 21 August 2015 (LA s 75 (1))\npt 7 commenced 22 August 2015 (s 2)\nStatute Law Amendment Act 2015 (No 2) A2015-50 sch 3 pt 3.29\nnotified LR 25 November 2015\ns 1, s 2 commenced 25 November 2015 (LA s 75 (1))\nsch 3 pt 3.29 commenced 9 December 2015 (s 2)\nRoad Transport Legislation Amendment Act 2016 (No 2) A2016-14\npt 4\nnotified LR 17 March 2016\ns 1, s 2 commenced 17 March 2016 (LA s 75 (1))\npt 4 commenced 18 March 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 pt 19\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\npt 19 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport\n(Road Rules) Regulation 2017 SL2017-43 s 2)\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 pt 7\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\npt 7 commenced 15 August 2017 (s 2)\n\nMotor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.14\nnotified LR 31 May 2019\ns 1, s 2 commenced 31 May 2019 (LA s 75 (1))\nsch 3 pt 3.14 commenced 1 February 2020 (s 2 (1) and CN2019-13)\nRoad Transport Legislation Amendment Act 2019 A2019-21 pt 13\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 13 commenced 22 August 2019 (s 2 (4))\nLitter Legislation Amendment Act 2019 A2019-39 sch 1\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 commenced 1 November 2019 (s 2 (1))\nRoad Transport (Safety and Traffic Management) Amendment Act\n","sortOrder":68},{"sectionNumber":"2021","sectionType":"section","heading":"A2021-14 pt 2","content":"2021 A2021-14 pt 2\nnotified LR 1 July 2021\ns 1, s 2 commenced 1 July 2021 (LA s 75 (1))\npt 2 commenced 12 August 2021 (s 2)\nRoad Transport Legislation Amendment Act 2022 A2022-3 pt 4\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\npt 4 commenced 13 April 2022 (s 2)\nRoad Transport Legislation Amendment Act 2022 (No 2) A2022-5 pt 7\nnotified LR 13 April 2022\ns 1, s 2 commenced 13 April 2022 (LA s 75 (1))\npt 7 commenced 27 April 2022 (s 2 (1))\nRoad Safety Legislation Amendment Act 2023 A2023-19 pt 6\nnotified LR 21 June 2023\ns 1, s 2 commenced 21 June 2023 (LA s 75 (1))\npt 6 commenced 22 June 2023 (s 2 (1))\nRoad Safety Legislation Amendment Act 2024 A2024-20 pt 8\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\npt 8 commenced 25 May 2024 (s 2 (1))\n\nAct 2025 A2025-21 pt 2\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\npt 2 commenced 3 November 2025 (s 2)\n\nPreliminary\npt 1 hdg note am A2001-44 amdt 1.3788; A2001-62 amdt 1.26\nom A2005-20 amdt 3.376\nName of Act\ns 1 am A2005-20 amdt 3.377; A2008-1 amdt 1.34; A2009-22\namdt 1.24; A2013-52 s 63, s 64; A2019-12 amdt 3.98,\namdt 3.99\nCommencement\ns 2 om A2001-27 amdt 5.1\nObjects of Act\ns 3 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 3 am A2005-20 amdt 3.378\nsub A2022-5 s 30\ns 4 hdg bracketed note exp 17 September 2002 (s 5 (3))\nsub A2005-20 amdt 3.379\nNotes\ns 5 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 5 am A2002-30 amdt 3.762\n(2), (3) exp 17 September 2002 (s 5 (3))\nOffences against Act—application of Criminal Code etc\ns 5AA ins A2015-30 s 16\nam A2016-14 s 20\nMeaning of first offender and repeat offender—div 2.1\ns 5AB ins A2016-14 s 21\n(3), (4) exp 18 March 2021 (s 5AB (4))\nss renum R34 LA\nam A2023-19 s 15, s 16; A2024-20 s 65\nRaces, attempts on speed records, speed trials etc\ns 5A hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 5A ins A2000-4 s 6\nam A2002-49 amdt 3.232; A2023-19 s 17\nAggravated offence—races, attempts on speed records, speed trials etc\ns 5AAA ins A2023-19 s 18\nAlternative verdicts—races, attempts on speed records, speed trials etc—\naggravated offence\ns 5AAB ins A2023-19 s 18\n\nImproper use of motor vehicle\ns 5B hdg bracketed note exp 17 September 2002 (s 5 (3))\nsub A2015-30 s 17\ns 5B ins A2000-4 s 6\nam A2002-49 amdt 3.232; A2015-30 ss 18-22\nFailing to stop motor vehicle for police\ns 5C ins A2016-14 s 22\nNegligent driving\ns 6 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 6 am A2022-3 s 11\nFurious, reckless or dangerous driving\ns 7 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 7 am A2014-25 s 9; A2016-14 s 23\nAggravated offence—furious, reckless or dangerous driving\ns 7A ins A2014-25 s 10\nam A2016-14 s 24; A2022-3 s 12; A2023-19 s 19; A2024-20\ns 66\nAlternative verdicts—furious, reckless or dangerous driving—aggravated\noffence\ns 7B ins A2014-25 s 10\nMenacing driving\ns 8 hdg bracketed note exp 17 September 2002 (s 5 (3))\nRegistered operator and interested people to be notified of prosecution\ns 8A ins A2017-21 s 54\nSale etc of traffic offence evasion articles\ns 9 hdg bracketed note exp 17 September 2002 (s 5 (3))\nSurrender and forfeiture of traffic offence evasion articles\ns 10 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 10 am A2001-63 ss 60-68; A2002-30 amdt 3.763\nSeizure, impounding and forfeiture of vehicles for certain offences\ndiv 2.3 hdg ins A2000-4 s 7\nApplication—div 2.3\ns 10AAA ins A2017-21 s 55\n\nMeaning of first offender and repeat offender—div 2.3\ns 10AA orig s 10AA\nrenum as s 10A\npres s 10AA\nins A2012-7 amdt 1.2\nam A2013-44 amdt 3.185; A2015-30 s 23; A2016-14 s 25;\npars renum R27 LA\n(3), (4) exp 4 April 2017 (s 10AA (4))\nss renum R28 LA\nam A2023-19 s 20, s 21\nImpounding of vehicles used for menacing driving on court order before\nconviction etc\ns 10A (prev s 10AA) ins A2001-29 s 4\nam A2015-30 s 24, s 25\nImpounding or forfeiture of vehicles on conviction etc for certain offences\ns 10B hdg (prev s 10A hdg) sub A2000-29 s 5 (a)\ns 10B (prev s 10A) ins A2000-4 s 7\nam A2001-29 s 5 (b)-(e)\nam A2012-7 amdt 1.3; A2015-30 ss 26-28; A2016-14 s 26,\ns 27; ss renum R27 LA; A2023-19 ss 22-24\nPowers of police officers to issue surrender notices for motor vehicles\ns 10BA ins A2015-30 s 29\nam A2016-14 s 28; A2023-19 s 25, s 26; ss renum R38 LA\nPowers of police officers to seize and impound vehicles used in committing\ns 10C hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 10C (prev s 10B) ins A2000-4 s 7\nam A2001-29 s 6; A2001-59 s 4; R3 LA (see A2001-59 s 5);\nA2001-86 s 4; R3 LA (see A2001-86 s 5)\nam A2015-30 s 30, s 31; A2016-14 ss 29-32; ss renum R27\nLA; A2023-19 ss 27-29; pars renum R38 LA\n\nRegistered operator to be notified of seizure\ns 10D hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 10D (prev s 10C) ins A2000-4 s 7\nam A2001-29 s 7\nins A2001-86 s 6\nam A2002-30 amdt 3.763; A2013-44 amdt 3.186; A2015-30\ns 32; A2016-14 s 33\nsub A2017-21 s 56\nKeeping of certain vehicles seized or surrendered\ns 10E hdg (prev s 10D) sub A2000-29 s 8 (a)\nsub A2015-30 s 33\ns 10E ins A2000-4 s 7\nam A2001-29 s 8 (b)\nins A2001-86 s 6\nsub A2006-39 s 4\nam A2015-30 ss 34-36; ss renum R25 LA; A2016-14 s 34;\npars renum R27 LA; A2023-19 s 30\nKeeping of vehicles impounded or forfeited under s 10A or s 10B\ns 10F hdg (prev s 10E) sub A2000-29 s 9 (a)\ns 10F ins A2000-4 s 7\nam A2001-29 s 9 (b)\nCertain vehicles seized or surrendered—release by chief police officer\ns 10G hdg bracketed note exp 17 September 2002 (s 5 (3))\nsub A2015-30 s 37\ns 10G (prev s 10F) ins A2000-4 s 7\nam A2001-29 s 10\nins A2001-86 s 7\nam A2015-30 s 38; A2015-50 amdt 3.143\n\nVehicles seized under s 10C (1) (a)—release by Magistrates Court\ns 10H hdg bracketed note exp 17 September 2002 (s 5 (3))\nsub A2015-30 s 39\ns 10H (prev s 10G) ins A2000-4 s 7\nam A2001-29 s 11\nins A2001-86 s 7\nam A2015-30 s 40; ss renum R25 LA\nSafekeeping of vehicles\ns 10I hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 10I (prev s 10H) ins A2000-4 s 7\nam A2001-59 s 7\nFailure to prosecute\ns 10J hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 10J (prev s 10I) ins A2000-4 s 7\nam A2001-29 s 12; A2001-59 s 7\nsub A2001-86 s 8\nam A2015-30 s 41\nDisposal of vehicles\ns 10K hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 10K (prev s 10J) ins A2000-4 s 7\nam A2002-49 amdt 3.233\nMeaning of loaded unsafely\ns 11 hdg bracketed note exp 17 September 2002 (s 5 (3))\nDriver of vehicle loaded unsafely\ns 12 hdg bracketed note exp 17 September 2002 (s 5 (3))\nResponsible person for vehicle loaded unsafely\ns 13 hdg bracketed note exp 17 September 2002 (s 5 (3))\nProceeding against pt 3\ns 14 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 14 am A2005-62 amdt 1.5\nMeaning of traffic accident\ns 15 hdg bracketed note exp 17 September 2002 (s 5 (3))\nDriver or rider to stop and give assistance\ns 16 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 16 am A2007-6 s 4\n\nRegulations about duties of participants in, and witnesses to, traffic\naccidents\ns 17 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 17 am A2002-49 amdt 3.233\nAuthority to install etc prescribed traffic control devices\ns 18 hdg bracketed note exp 17 September 2002 (s 5 (3))\nOffences about prescribed traffic control devices\ns 19 hdg bracketed note exp 17 September 2002 (s 5 (3))\nsub A2005-20 amdt 3.380\nRemoval of unauthorised devices\ns 20 hdg bracketed note exp 17 September 2002 (s 5 (3))\nDevices generally presumed to be lawfully installed or displayed\ns 21 hdg bracketed note exp 17 September 2002 (s 5 (3))\nNotice of intention to challenge certain issues\ns 22 am A2002-30 amdt 3.763\ndiv 6.1 hdg ins A2011-38 s 4\ns 22AA ins A2011-38 s 4\ndef average speed ins A2011-38 s 4\ndef average speed detection system ins A2011-38 s 4\ndef average speed limit ins A2011-38 s 4\ndef detection point ins A2011-38 s 4\ndef relevant information ins A2011-38 s 4\ndef shortest practicable distance ins A2011-38 s 4\ndef shortest practicable route ins A2011-38 s 4\ndef speeding offence ins A2011-38 s 4\n\ns 22A hdg sub A2011-38 s 5\ns 22A ins A2001-27 amdt 5.2\nam A2009-5 s 13; A2011-38 ss 5-9\nsub A2021-14 s 4; A2025-21 s 4\ndef average speed detection system ins A2021-14 s 4\ndef average speed limit ins A2021-14 s 4\ndef detection point ins A2021-14 s 4\ndef minimum travel time ins A2021-14 s 4\ndef mobile device ins A2021-14 s 4\nsub A2024-20 s 67\ndef mobile device detection system ins A2021-14 s 4\ndef shortest practicable distance ins A2021-14 s 4\ndef shortest practicable route ins A2021-14 s 4\ndef speeding offence ins A2021-14 s 4\ndef speed measuring device ins A2021-14 s 4\nMeaning of average speed—pt 6\ns 22B ins A2011-38 s 10\nTraffic offence detection devices—general\ndiv 6.2 hdg ins A2011-38 s 11\nMeaning of traffic offence detection device\ns 23 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 23 sub A2001-27 amdt 5.2\nam A2009-5 s 14; A2011-38 s 12, s 13\nsub A2021-14 s 5\nam A2025-21 s 5, s 6\nUse of average speed detection systems\ns 23A ins A2011-38 s 14\nAverage speed detection systems—shortest practicable route and minimum\ntravel time\ns 23B ins A2011-38 s 15\n\nAverage speed detection systems—signs\ns 23C ins A2011-38 s 15\nRegulation for approval etc of device or system\ns 24 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 24 am A2001-27 amdt 5.3; A2002-49 amdt 3.233; A2011-38 s 16,\ns 17\nsub A2021-14 s 5\nam A2025-21 s 7, s 8\nTraffic offence detection devices—other matters\ndiv 6.3 hdg ins A2021-14 s 5\nAverage speed of vehicle is evidence of actual speed in certain\ncircumstances\ns 24A ins A2011-38 s 18\nOther forms of proof of speeding offences not excluded by s 24A\ns 24B ins A2011-38 s 18\nam A2021-14 s 6\nUse of camera detection devices and average speed detection systems\ns 24C ins A2011-38 s 19\nom A2021-14 s 7\nEvidentiary certificates etc\ns 25 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 25 am A2001-27 amdts 5.4-5.7; A2009-5 s 15; A2011-38\nss 20-26; pars renum R18 LA; A2012-7 amdt 1.4; ss renum\nR19 LA; A2013-44 amdt 3.187; A2021-14 ss 8-12; ss, pars\nrenum R35 LA; A2025-21 ss 9-11; pars renum R40 LA\nInterfering with traffic offence detection devices\ns 26 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 26 am A2001-27 amdt 5.8\nInspection and purchase of images taken by traffic offence detection devices\ns 27 hdg sub A2001-27 amdt 5.9\nsub A2011-38 s 27\ns 27 am A2001-27 amdt 5.10; A2013-13 s 36; A2013-19\namdt 3.435; A2017-21 s 57\nNotice of intention to challenge certain issues\ns 28 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 28 am A2002-30 amdt 3.763; A2011-38 s 28, s 29\n\nUse, retention and disclosure of data by road transport authority and other\npeople\ns 29 om A2001-59 s 9\nins A2011-38 s 30\nsub A2021-14 s 13\nDisclosure of images by road transport authority\ns 29A ins A2011-38 s 30\nUse, retention and disclosure of images by other people\ns 29B ins A2011-38 s 30\nProtection of images against loss etc\ns 29C ins A2011-38 s 30\nRoad or road related area may be closed temporarily to traffic\ns 30 hdg bracketed note exp 17 September 2002 (s 5 (3))\nRemoval of dangers and obstructions to traffic\ns 31 hdg bracketed note exp 17 September 2002 (s 5 (3))\nRemoval of unattended vehicles from certain places\ns 32 hdg bracketed note exp 17 September 2002 (s 5 (3))\nGeneral regulation-making power\ns 33 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 33 am A2001-44 amdt 1.3789; A2013-44 amdt 3.188\nRegulations may apply certain documents\ns 34 sub A2002-30 amdt 3.764\nam A2002-51 amdt 1.37\nsub A2005-20 amdt 3.381; A2022-5 s 31\nRegulations may exclude vehicles, people and animals from Act\ns 35 hdg bracketed note exp 17 September 2002 (s 5 (3))\nRegulations about safety generally\ns 36 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 36 am A2002-49 amdt 3.233\nRegulations about safe operation of vehicles\ns 37 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 37 am A2002-49 amdt 3.233\nRegulations about child safety\ns 38 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 38 am A2002-49 amdt 3.233\n\nRegulations about traffic management generally\ns 39 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 39 am A2002-49 amdt 3.233\nRegulations about seizure, impounding etc of vehicles\ns 40 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 40 am A2002-49 amdt 3.233; A2019-39 amdt 1.1\nRegulations about towing fees\ns 41 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 41 am A2002-49 amdt 3.233\nRegulations about parking\ns 42 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 42 am A2002-49 amdt 3.233\nRegulations about marking tyres\ns 43 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 43 am A2002-49 amdt 3.233\nReferences to Motor Traffic Act, Traffic Act etc\ns 44 am A2001-44 amdt 1.3790, amdt 1.3791\nTransitional\npt 10 hdg exp 1 June 2001 (s 50)\nDefinitions for pt 10\ns 45 exp 1 June 2001 (s 50)\nTransitional regulations\ns 46 exp 1 June 2001 (s 50)\nModification of pt 10’s operation\ns 47 exp 1 June 2001 (s 50)\nNotices about radar detecting devices etc\ns 48 exp 1 June 2001 (s 50)\nExisting traffic signs taken to be approved prescribed traffic control devices\ns 49 exp 1 June 2001 (s 50)\nWhat is a camera detection device\ns 49A ins as mod SL2000-33 reg 7\nom SL2000-52 reg 10\nins as mod SL2000-52 reg 10\nexp 1 June 2001 (s 49A (2))\nExpiry of pt 10\ns 50 am A2001-27 amdt 5.11\nexp 1 June 2001 (s 50)\n\ndict am A2002-30 amdt 3.765; A2010-18 amdt 3.89; A2013-19\namdt 3.436, amdt 3.437; A2013-44 amdts 3.189-3.192;\nA2017-21 s 58; A2019-21 s 101; A2022-5 s 32; A2023-19\ns 31\ndef aggravated offence ins A2014-25 s 11\nsub A2023-19 s 32\ndef another jurisdiction om A2010-18 amdt 3.90\ndef approved average speed detection system ins\nA2011-38 s 31\nom A2021-14 s 14\ndef approved camera detection device om A2021-14 s 14\ndef approved speed measuring device om A2021-14 s 14\ndef Australian driver licence om A2013-44 amdt 3.193\ndef Australian Transport Council sub A2005-20 amdt 3.382\nom A2010-18 amdt 3.90\ndef authorised person sub A2002-30 amdt 3.766\ndef authority om A2010-18 amdt 3.91\ndef average speed ins A2011-38 s 31\ndef average speed detection system ins A2011-38 s 31\nsub A2021-14 s 15\nom A2025-21 s 12\ndef average speed limit ins A2011-38 s 31\nsub A2021-14 s 15\nam A2025-21 s 13\ndef camera detection device om A2021-14 s 16\ndef detection point ins A2011-38 s 31\nsub A2021-14 s 17\nam A2025-21 s 13\ndef driver om A2010-18 amdt 3.92\ndef driver licence om A2013-44 amdt 3.193\ndef exercise om A2002-30 amdt 3.767\ndef external driver licence om A2013-44 amdt 3.193\ndef first offender ins A2012-7 amdt 1.5\nsub A2016-14 s 35\ndef function om A2002-30 amdt 3.767\ndef indicated on ins A2001-27 amdt 5.12\nam A2011-38 s 32\nsub A2021-14 s 17\ndef infringement notice om A2013-44 amdt 3.193\ndef jurisdiction om A2010-18 amdt 3.92\ndef loaded unsafely sub A2013-19 amdt 3.438\ndef minimum travel time ins A2021-14 s 18\n\ndef mobile device ins A2021-14 s 18\nsub A2024-20 s 68\ndef mobile device detection system ins A2021-14 s 18\ndef motor vehicle om A2010-18 amdt 3.92\ndef National Road Transport Commission om A2005-20\namdt 3.383\ndef National Transport Commission ins A2005-20\namdt 3.383\nom A2010-18 amdt 3.92\ndef prescribed concentration ins A2023-19 s 33\ndef prescribed drug ins A2023-19 s 33\ndef red traffic arrow ins A2001-27 amdt 5.12\ndef red traffic light ins A2001-27 amdt 5.12\ndef registered interest ins A2000-4 s 8\nam A2013-19 amdt 3.439\nom A2013-44 amdt 3.193\ndef registered operator ins A2000-4 s 8\nom A2013-44 amdt 3.193\ndef relevant information ins A2001-27 amdt 5.12\nsub A2011-38 s 33\nom A2021-14 s 19\ndef repeat offender ins A2012-7 amdt 1.5\nsub A2016-14 s 35\ndef responsible person om A2013-44 amdt 3.193\ndef restricted licence om A2013-19 amdt 3.440\ndef retention area sub A2007-3 amdt 3.458\ndef ride om A2010-18 amdt 3.92\ndef rider om A2013-44 amdt 3.193\ndef road am A2002-30 amdt 3.768\nom A2019-21 s 102\ndef road related area am A2002-30 amdt 3.768\nom A2019-21 s 102\ndef road transport authority om A2010-18 amdt 3.92\ndef road transport legislation om A2010-18 amdt 3.92\ndef road user ins A2014-25 s 11\nsub A2017-14 s 55\ndef shortest practicable distance ins A2011-38 s 34\nam A2025-21 s 15\ndef shortest practicable route ins A2013-19 amdt 3.441\nom A2025-21 s 16\n\ndef speeding offence ins A2011-38 s 34\nam A2025-21 s 17\ndef speed measuring device sub A2021-14 s 20\nam A2025-21 s 17\ndef the regulations om A2001-44 amdt 1.3792\ndef this Act (or the Act) om A2001-44 amdt 1.3792\ndef traffic om A2013-44 amdt 3.193\ndef traffic lights ins A2001-27 amdt 5.12\ndef traffic offence detection device sub A2011-38 s 35\ndef trailer om A2010-18 amdt 3.92\ndef vehicle om A2013-19 amdt 3.442\ndef vulnerable road user ins A2023-19 s 33\n\nEarlier republications 5\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1 (RI)\n1 Mar 2000–\n1 Aug 2000\nA2000-4 amendments by\nA2000-4\nreissue of printed\nversion\nR1A\n2 Aug 2000–\n13 Dec 2000\nA2000-4 modifications by\nSL2000-33\nR1B\n14 Dec 2000–\nA2000-4 modifications by\nSL2000-52\nR2 (RI)\n2 June 2001–\n11 Sept 2001\nA2001-29 commenced expiry\nand amendments\nby A2001-27 and\nA2001-29\nreissue of printed\nversion\n12 Sept 2001\n12 Sept 2001–\n26 Sept 2001\nA2001-44,\nA2001-59 and\nA2001-86\n27 Sept 2001\n27 Sept 2001–\n30 Nov 2001\nA2001-63\nR5*\n3 Dec 2001\n1 Dec 2001–\n16 Sept 2002\nA2001-62\n23 Sept 2002\n17 Sept 2002–\n31 Dec 2002\nA2002-30 amendments by\nA2002-30\n1 Jan 2003\n1 Jan 2003–\n16 Jan 2003\nA2002-51 amendments by\nA2002-51\n\nfor\n17 Jan 2003\n17 Jan 2003–\nA2002-51 amendments by\nA2002-49\n2 June 2005–\n10 Jan 2006\nA2005-20 amendments by\nA2005-20\n11 Jan 2006\n11 Jan 2006–\n26 Sept 2006\nA2005-62 amendments by\nA2005-62\n27 Sept 2006\n27 Sept 2006–\n23 Mar 2007\nA2006-39 amendments by\nA2006-39\n24 Mar 2007\n24 Mar 2007–\n11 Apr 2007\nA2007-6 amendments by\nA2007-6\n12 Apr 2007\n12 Apr 2007–\n30 Sept 2008\nA2007-6 amendments by\nA2007-3\nR14*\n1 Oct 2008\n1 Oct 2008–\n7 Mar 2009\nA2008-39 amendments by\nA2008-1 as\namended by\nA2008-39\n8 Mar 2009\n8 Mar 2009–\n2 Mar 2010\nA2009-5 amendments by\nA2009-5\n3 Mar 2010\n3 Mar 2010–\nA2009-22 amendments by\nA2009-22\n3 June 2010–\n14 Jan 2012\nA2010-18 amendments by\nA2010-18\n15 Jan 2012\n15 Jan 2012–\n3 Apr 2012\nA2011-38 amendments by\nA2011-38\nR19*\n4 Apr 2012\n4 Apr 2012–\nA2012-7 amendments by\nA2012-7\n24 May 2013–\nA2013-13 amendments by\nA2013-13\n14 June 2013–\n24 Nov 2013\nA2013-19 amendments by\nA2013-19\n25 Nov 2013\n25 Nov 2013–\n9 Feb 2014\nA2013-44 amendments by\nA2013-44\n\nEarlier republications 5\nfor\n10 Feb 2014\n10 Feb 2014–\nA2013-52 amendments by\nA2013-52\n13 June 2014–\n21 Aug 2015\nA2014-25 amendments by\nA2014-25\n22 Aug 2015\n22 Aug 2015–\n8 Dec 2015\nA2015-30 amendments by\nA2015-30\n9 Dec 2015\n9 Dec 2015–\n17 Mar 2016\nA2015-50 amendments by\nA2015-50\n18 Mar 2016\n18 Mar 2016–\n4 Apr 2017\nA2016-14 amendments by\nA2016-14\n5 Apr 2017\n5 Apr 2017–\n14 Aug 2017\nA2016-14 expiry of provision\n(s 10AA (3), (4))\n15 Aug 2017\n15 Aug 2017–\n29 Apr 2018\nA2017-21 amendments by\nA2017-21\n30 Apr 2018\n30 Apr 2018–\n21 Aug 2019\nA2017-21 amendments by\nA2017-14\n22 Aug 2019\n22 Aug 2019–\n31 Oct 2019\nA2019-21 amendments by\nA2019-21\n1 Nov 2019\n1 Nov 2019–\n31 Jan 2020\nA2019-39 amendments by\nA2019-39\n1 Feb 2020\n1 Feb 2020–\n18 Mar 2021\nA2019-39 amendments by\nA2019-12\n19 Mar 2021\n19 Mar 2021–\n11 Aug 2021\nA2019-39 expiry of provisions\n(s 5AB (3), (4))\n12 Aug 2021\n12 Aug 2021–\n12 Apr 2022\nA2021-14 amendments by\nA2021-14\n13 Apr 2022\n13 Apr 2022–\n26 Apr 2022\nA2022-3 amendments by\nA2022-3\n27 Apr 2022\n27 Apr 2022–\nA2022-5 amendments by\nA2022-5\n22 June 2023–\nA2023-19 amendments by\nA2023-19\n\nfor\n25 May 2024–\n2 Nov 2025\nA2024-20 amendments by\nA2024-20","sortOrder":69}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2152},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1999 purpose of facilitating 'nationally consistent road rules.' It has expanded to include a comprehensive vehicle seizure and forfeiture regime (added 2000, expanded 2015-2023), an 'aggravated offence' framework with escalating penalties (added 2014, expanded 2023-2024), average speed detection systems (point-to-point cameras) (added 2011, modified 2021/2025), and specific prohibitions on 'traffic offence evasion articles' (devices designed to defeat speed cameras). The amendment history shows 40 republications over 25 years, with recent amendments adding mobile device detection provisions (2021) and subsequently removing them (2025), indicating the scope continues to evolve with technology."},"complexity_factors":["Extensive cross-referencing to other ACT legislation including the Road Transport (General) Act 1999, Road Transport (Alcohol and Drugs) Act 1977, Crimes Act 1900, and Heavy Vehicle National Law (ACT)","Nested conditional definitions for 'first offender' and 'repeat offender' (ss 5AB and 10AA) that look back to prior convictions regardless of whether they were recorded before the current offence was committed","Aggravated offence provisions (ss 5AAA and 7A) listing seven specific circumstances that elevate standard offences, with separate evidentiary rules for proving blood alcohol or drug concentrations","Complex multi-stage vehicle seizure and impounding scheme (Division 2.3) involving police surrender notices (s 10BA), immediate seizure powers (s 10C), pre-conviction court orders (s 10A), and post-conviction impounding or forfeiture (s 10B)","Alternative verdict provisions (ss 5AAB and 7B) allowing courts to convict of lesser offences if aggravated elements are not proven, subject to procedural fairness requirements","Technical evidentiary provisions for traffic offence detection devices (Part 6) including mathematical formulas for average speed calculations (s 22B) and deeming provisions for certificate evidence (s 25)","27 defined terms in the Dictionary (page 71-75) plus signpost definitions pointing to other Acts, including complex terms like 'traffic offence evasion article' and 'vulnerable road user'","Extensive regulation-making powers (Part 8) that delegate significant operational detail to subordinate legislation"],"plain_english_summary":"This law criminalises dangerous driving and related conduct, strengthens penalties for repeat or aggravated offenders, and gives police powers to seize or permanently forfeit vehicles used in serious traffic crimes. It also regulates automated enforcement (speed and average‑speed cameras), road‑safety measures—like stopping after crashes and preventing tampering with signs—and offences for unsafe loads.\n\nIt affects all ACT drivers, vehicle owners and transport businesses, and empowers police and the road authority to remove immediate risks to public safety."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The Act has materially broadened from a general framework for adopting consistent road rules to an extensive enforcement and technical regime. Since 1999 successive amendments added automated detection and camera regimes (Part 6: ss 22A–25, s 24A), new aggravated offence categories (ss 5AAA, 7A), express seizure/impounding and forfeiture powers (Division 2.3: ss 10A–10K, 10BA–10C), and detailed rules on data use, retention and disclosure (s 29). The amendments also expanded delegated regulation-making authority over technical device approvals, average‑speed calculations and parking/pay-parking frameworks (ss 24, 33, 42). Mechanically, the law moved from a rules-and-offences backbone to an operationally detailed enforcement architecture that relies on automated evidence, administrative disposals of vehicles and delegated technical standards."},"complexity_factors":["Lengthy Act with many Parts (9 Parts) and numerous sections (1–44 plus dictionary and endnotes)","Extensive definitions and cross-references to other Acts (eg Road Transport (General) Act 1999, Road Transport (Alcohol and Drugs) Act 1977, Crimes Act) – multiple external signpost definitions (see ss 4 and dictionary)","Many delegated powers and regulation-making heads covering technical, operational and evidentiary matters (ss 24, 33, 39, 42)","Conditional and tiered offences with multiple aggravating circumstances and repeat/first‑offender rules (eg ss 5AB, 5A/5AAA, 7/7A)","Detailed seizure/impounding/forfeiture scheme with timelines, notice rules and release/appeal routes (Division 2.3: ss 10A–10K, 10BA–10C)","Complex evidentiary regime for automated devices (average‑speed formula in s 22B; evidentiary certificates and presumptions in s 25)","Multiple notice and procedural requirements for defendants seeking to challenge device maintenance, visibility or average‑speed evidence (ss 22, 28)","Interlocking defences and evidential burdens (eg deliberate operation defence in s 5B(3); strict liability for certain surrender offences s 10BA(7))","Technical measurement and route concepts (shortest practicable distance/route, minimum travel time) that are set by regulation (s 22A, s 22B)"],"plain_english_summary":"**What this law does (plain English)**\n\n- This Act sets the rules for road safety and traffic management in the Australian Capital Territory. It creates criminal and regulatory offences for dangerous driving, racing on public roads, improper vehicle use (eg. burnouts, drifting), failing to stop for police, unsafe loads, and interference with traffic-control or camera detection devices (see Parts 2–6). (See objects: s 3.)\n\n- It authorises the use of automated detection systems (including average-speed systems), prescribes how images and speed data can be used as evidence, and sets rules for how the road transport authority manages, stores and discloses that data (Part 6, especially ss 22A–25, 24A, 29). The Act gives the road transport authority and police powers to approve, operate and enforce those systems (s 24; s 23).\n\n- The Act gives police and courts powers to seize, impound and—on conviction—forfeit vehicles used in certain offences (eg. racing, aggravated reckless driving, failing to stop). It sets time limits, notice requirements and processes for release, sale or disposal of impounded or forfeited vehicles (Division 2.3, ss 10A–10K, 10BA–10C).\n\n- It creates offences about devices or substances designed to defeat camera/speeding systems (“traffic offence evasion articles”) and allows police to seize and forfeit such articles (ss 9–10).\n\n- It regulates traffic control devices (signs, signals and markings): who may install or remove them, prohibitions on unauthorised devices, and removal and cost-recovery powers (Part 5, ss 18–21, 20).\n\n- It contains safety and traffic-management regulation-making powers that allow the Executive and the road transport authority to set speed limits (including electronically variable limits), parking schemes, towing fees, child-safety measures, and detailed operational rules (Part 8, ss 33–43).\n\n**Who this affects**\n\n- Drivers, vehicle owners and registered operators: criminal penalties, fines, licence disqualification and the risk of having a vehicle impounded or forfeited for particular offences (eg. ss 5A, 5B, 5C, 7, 8, 10B).\n\n- Registered interests (eg. financiers) in vehicles: the Act requires notification to registered operators or interested persons about prosecutions or seizures in some cases (s 8A; s 10D).\n\n- Road transport authority and police: they gain approval, operational and enforcement powers (s 24; ss 10BA–10C; s 29).\n\n- Contractors and third parties engaged to run detection systems or handle images: they are regulated in how they may use, retain and disclose data (s 29(2)).\n\n- Event organisers: organising races, speed trials or speed-record attempts on public roads is an offence unless the road transport authority gives written approval and imposes safety conditions (s 5A).\n\n**Why it matters (mechanics and consequences)**\n\n- Enforcement intensification: the Act expands non‑police enforcement tools (automatic detection data admissible as evidence, s 25) and administrative remedies (impounding/forfeiture, ss 10B–10C). That shifts some enforcement from relying only on in-person police observation to automated systems and civil/criminal hybrid processes.\n\n- Strong deterrence for high-risk conduct: higher maximum penalties and automatic licence disqualification apply to a range of dangerous driving offences and to aggravated versions where alcohol, drugs, extreme speed, vulnerable road users or young passengers are involved (see ss 5AAA, 7A and note re licence disqualification).\n\n- Data and privacy constraints: the Act permits use and disclosure of camera and detection data for enforcement and safety research but limits retention and secondary disclosure and requires reasonable security safeguards (s 29). The road transport authority must provide copies of images to vehicle occupants or responsible persons (s 27).\n\n- Administrative discretion and delegated rules: many key details (device approval, signage, shortest practicable routes for average-speed calculations, specific offences, towing fees and parking scheme arrangements) are left to regulation or approval instruments (s 24; s 33; s 42). That concentrates decision-making power in the Executive, the road transport authority and delegated officers.\n\n**Official purpose-claims, and a short test of trade-offs**\n\n- Claimed purposes: the Act states it exists to provide road safety, traffic management, transport efficiency, reduce administration costs and allow use of traffic control and offence-detection devices (s 3). Those aims are implemented by criminal offences, administrative sanctions and powers to deploy automated detection (Parts 2, 6 and 8).\n\n- Costs and incentives:\n  - Who pays: fined drivers and vehicle owners bear direct monetary costs (fines, towing/impounding fees—see s 10K and reg-making head s 41), while the Territory bears set-up and contracting costs for detection systems. Registered financiers may face loss if a vehicle is forfeited (s 10B, but s 8A requires notifying registered interests). \n  - Compliance burden: vehicle owners, event organisers and contractors must meet approvals, conditions and data-security obligations (s 5A; s 24; s 29). Businesses running pay-parking schemes or contracted detection services must follow detailed regulation-making frameworks (s 42; s 29).\n  - Incentives for behaviour change: stronger penalties, impounding/forfeiture risk and admissible automated evidence raise the marginal cost of racing, burnouts and extreme speeding—this is a direct, mechanical deterrent (ss 5A, 5B, 10B, 24A).\n\n- Trade-offs and implementation risk:\n  - Delegation risk: broad regulation-making and approval powers (ss 24, 33) allow flexible technical rules but place much content outside primary legislation; effective oversight and transparent administrative practice are necessary to manage discretion.\n  - Technical reliance: the Act makes automated measurements and certificates powerful evidence (s 25, s 24A). That reduces evidentiary costs but makes prosecutions sensitive to device calibration, maintenance and chain-of-custody—if devices are mismanaged it creates legal and implementation risk (s 25(8) notes condition of device is relevant if accuracy is contested).\n  - Distributional effects: enforcement benefits (reduced dangerous driving) are diffuse across the public, while costs (penalties, impounding, lost vehicles) are concentrated on offending drivers and sometimes on third-party registered interests; towing/retention fees and disposal proceeds impose transaction and administrative costs (s 10K).\n\n**Who decides, who enforces, what behaviour changes**\n\n- Who decides: the Executive and the road transport authority set many detailed rules and approvals by regulation (ss 33, 24). Police and the chief police officer make operational decisions on seizure, surrender notices and impounding (ss 10BA–10C, 10D–10G). Courts decide guilt, penalties and orders for impounding or forfeiture (ss 10A–10B).\n\n- Who enforces: police carry front-line enforcement powers (stop signals, seizures, searches, s 5C; ss 10BA–10C), while the road transport authority administers detection systems, issues approvals and manages data (s 24; s 29).\n\n- Expected behaviour changes: fewer organised or spontaneous road races and stunt driving (s 5A–5B), greater compliance with stop requests (s 5C), reduced use of traffic‑evasion devices (s 9–10), and higher compliance with speed limits due to admissible average-speed evidence (s 24A).\n\n**Concrete legal mechanisms to watch**\n\n- Average speed enforcement: the Act sets an explicit formula and rules for average-speed calculations and treats that average as evidence of actual speed between detection points (s 22B; s 24A).\n\n- Vehicle seizure and forfeiture timeline and rights: police can issue surrender notices (s 10BA), seize within statutory windows (s 10C), and courts can order impounding or forfeiture on conviction (s 10B). Registered operators and interested persons must be notified (s 8A; s 10D).\n\n- Evidence by certificate and images: authenticated certificates from police/authority are admissible evidence about device operation, images and measured speeds (s 25).\n\n**Practical immediate implications**\n\n- Drivers: higher legal risk and administrative hassle for serious driving misconduct; vehicle seizure or loss is a real possibility for repeat or aggravated offending (ss 10B, 7A).\n\n- Operators and contractors: must comply with approval, maintenance and data-handling rules (s 24; s 29) if they run or support detection systems.\n\n- Road transport authority and police: expanded operational tools but also new administrative duties (device approvals, data security, notice requirements, keeping impounded vehicles secure and disposing of them—ss 24, 29, 10I, 10K).\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/road-transport-safety-and-traffic-management-act-1999","history":"/api/acts/road-transport-safety-and-traffic-management-act-1999/history","analysis":"/api/acts/road-transport-safety-and-traffic-management-act-1999/analysis","conflicts":"/api/acts/road-transport-safety-and-traffic-management-act-1999/conflicts","importantCases":"/api/acts/road-transport-safety-and-traffic-management-act-1999/important-cases","documents":"/api/acts/road-transport-safety-and-traffic-management-act-1999/documents"}}